Key Benefits:
ArtAculoA 1Aº.A (Due legal process).-No penalties or security measures will be applied but in compliance with an enforceable judgment, be added by a court competent under a legally-processed process.
ArtAculoA 2Aº.A (Natural Judge).-The courts will be impartial and independent and will be instituted by law, according to the . Its holders shall be appointed in accordance with general and objective rules and never for a given case.
ArtAculoA 3Aº.A (Recognition of human dignity).-Everyone, whatever their position in the process and in particular the vActima of a crime and who is assigned their commission, must be treated with the respect due to the dignity of the human being.
ArtAculoA 4Aº.A (Treatment as innocent).-No person to whom a crime is attributed should be treated as guilty, as long as their responsibility for executed sentence is not established.
ArtAculoA 5Aº.A (Prohibition of the bis in idem).-No person can be investigated more than once for the same fact for which he has been subjected to processing in the paAs or out of him, even if the Legal qualification or new circumstances are asserted, as long as the sentence has been executed.
The cases in which the process is terminated due to a lack of procedural budgets or procedural defects are excepted.
ArtAculoA 6Aº.A (Officiality).-Criminal action is public and its promotion and exercise correspond to the Ministry of Public Health, except for exceptions established by law.
ArtAculoA 7Aº.A (Technical Defense).-Technical defense constitutes a garantAa of due process and thus, an inviolable right of the person.
The defendant has the right to be assisted by a lawyer since the beginning of the preliminary inquiry.
ArtAculoA 8Aº.A (Finality and Media).-The purpose of the process is the judging of the particular case, with all the due process guarantees, as provided in the , the International Treaties obliging the Republic of the Republic and the provisions of this Code.
ArtAculoA 9Aº.A (Advertising and Contradiction; accusatory principle).-The criminal process will be public and contradictory in all its stages, with the limitations set forth in this Code.
The accusatory principle governs in this process. In application of this principle, no procedural activities may be initiated, preventive measures or restrictions on ambulatory liberty should be imposed, security measures imposed or imposed, if not half the request of the Ministry of Public Health.
ArtAculoA 10.A (Reasonable Duration).-Everyone has the right to be judged within a reasonable time, according to this Code. In its rite, the court will take the necessary steps to achieve the most prompt and efficient administration of justice, as well as the largest economy in the process.
ArtAculoA 11.A (Gratuity).-The criminal process will be free, without prejudice to what the special provisions will establish.
ArtAculoA 12.A (Other applicable principles).-The principles of immediate action, concentration, direction and procedural impetus, equality of the parties, probity and order shall apply to the criminal proceedings. of the process.
ArtAculoA 13.A (Process stages).-The criminal process comprises the process of knowledge and the process of execution, if any.
ArtAculo 14.A (Interpreter and Integration).-
14.1 To interpret the procedural rule, the court should bear in mind that the end of the process is the judgment of the particular case with all the guarantees of due process.
In case of doubt, the general rules should be used, mainly those emanating from the , of the general principles of law and of the specific principles of criminal proceedings, should be preserved and make effective the guarantees of the due process.
14.2 In the case of legal vacancy, the foundations of the laws should be used, the constitutional and general principles of law, the specific principles of the process and the doctrines received, attended by the circumstances of the case. The anallogical solution and the extensive interpretation detrimental to the intering of the imputed are forbidden.
ArtAculoA 15.A (Criminal laws in time and procedural efficiency).-
15.1 When criminal laws set up new crimes or establish a severe penalty, it will not apply to the facts previously committed.
15.2 When those laws suppress existing crimes or reduce the penalty, they will apply to the facts prior to their validity. In the first case, the closure of the process or the extinction of the penalty will be determined. In the second, only the modification of the penalty, as soon as it is not found, is set by the executed statement.
15.3 These provisions will reach the laws of registration, except as provided for in the Law No. 18,026, dated September 25, 2006.
ArtAculoA 16.A (Criminal procedural law in time).-Criminal procedural rules are immediately applicable and even reach the processes on the limit.
However, it shall not govern for the interposed resources or for the terms, measures or deadlines that have begun to run or had the principle of execution prior to its entry into force, which shall be governed by the preceding rule.
Also, the court that you are aware of in a matter will continue to do so until your end, even if the new rule changes the competition rules.
All this, unless the new law deletes a resource, eliminates any test or in general damages the imputed, in which case that process shall be governed by the above law.
ArtAculoA 17.A (Application of the procedural law in space).-This Code shall govern throughout the national territory, without prejudice to the provisions of International Law that compel the Republic.
ArtAculoA 18.A (Organization).-Justice in criminal matters shall be delivered by the Supreme Court of Justice, the Courts of Appeals in the Criminal, the Judicial Courts of First Instance in the Criminal, the Courts Lawyers of the First Instance of the Interior with jurisdiction in criminal matters, the Courts of First Instance of Execution and Surveillance, the Courts of the High and the Courts of Departmental Peace, within the framework of the jurisdiction attributed constitutional or legally.
ArtAculoA 19.A (Indelegability).-Only the court holds the judicial function in its entirety. Auxiliary officials shall only perform acts permitted by law, by delegation and under the direction and responsibility of the court.
Such a delegation shall only cover the performance of auxiliary or technical contributions, when the officials review the respective suitability.
ArtAculoA 20.A (Faculty and Court Duties).-The court will direct the process in accordance with the law. It has all the necessary powers to do so. The omission in your employment will make you liable.
ArtAculoA 21.A (Liability).-Magistrates are responsible for:
| a) | unjustified delays in providing or seeing audiences; |
| b) | proceed with dolo or severe fault; |
| c) | sentencing committing inexcusable error. |
ArtAculoA 22.A (Jurisdiction classes).-Criminal jurisdiction is common or special.
22.1 The jurisdiction is the one that has the criminal courts that make up the Judiciary and comprises all crimes, crimes and faults, without distinction of persons.
22.2 The special jurisdiction is military and is reserved exclusively for the knowledge of military crimes committed by military personnel and situations of exception, in case of a state of war.
It is understood by military crime that it violates exclusively rules contained in the military penal system.
22.3 Common crimes committed by military in time of peace, whatever the place where they occur, will be subject to the jurisdiction. To these effects, the respective military hierarchy should at all times collaborate and provide assistance to the competent authority of the jurisdiction.
ArtAculoA 23.A (Supreme Court Justice in Criminal Matters).-The Supreme Court of Justice knows:
23.1 In the same instance, in the cases provided in the .
23.2 In the case and revisiting resources.
23.3 In consultation, exercising the corrective, administrative and disciplinary superintendence regarding those causes in which there was no appeal, without prejudice to the technical independence of the acting magistrates.
23.4 In the other cases where this CAUSE or special laws, you assign it to you.
ArtAculoA 24.A (Courts of Appeals in the Criminal).-The Courts of Appeals in the Criminal know in second instance of the appeals deducted against the sentences handed down by the Judge Letrados of First Instance in the Criminal, the Letrated Judges of the First Instance of the Interior with jurisdiction in criminal matters and the Letrated Judges of First Instance of Execution and Surveillance.
ArtAculoA 25.A (Judges Letted of First Instance).-The Letrated Judges of First Instance in the Criminal and the Letrated Judges of the First Instance of the Interior with jurisdiction in criminal matters know:
25.1 In the first instance, in all the formal and substantive issues that arise in the process for crimes and crimes, from the preliminary inquiry until the final or interlocutory sentence with definitive force is executed, according to the provisions of this Code.
25.2 The Judges of First Instance in the Criminal Department of the Department of Montevideo will know in addition to the process of extradition.
25.3 Specialised Criminal Legal Judges in Organized Crime, in the field established by the article 414 of the Law No 18,362,6 October 2008 and amending and regulatory provisions.
25.4 In the other cases where this CAUSE or special laws, they assign them competence.
ArtAculoA 26.A (First Instance and Surveillance Letrates Judges).-The First Instance and Surveillance Letters of First Instance are aware of all the formal and substantial questions raised. from the moment the definitive or the final judgment with the force of definitive is executed.
ArtAculoA 27.A (Judges of the High).-The Judges of the High Court are aware of the causes that are promoted by faults committed in the department of Montevideo.
ArtAculoA 28.A (Justices of the Interior Department of Peace).-The Justices of the Interior Department know in matters of criminal offenses committed in their respective departments, without prejudice to the competition emergency.
ArtAculoA 29.A (Subsidiary Rules).-If the competent authority cannot be determined in accordance with the rules of the preceding articles, the court that has prevented in the knowledge of the facts and if no prewine, that of the place where the person was apprehended.
ArtAculoA 30.A (Rules for Shift Determination).-The Courts of Appeals in the Criminal, the First-Instance Learned Courts, the First-Instance Legal Courts and Surveillance, the Judicial Courts of the First Instance of the Interior with jurisdiction in criminal matters, the Departmental Peace Courts and the High Court of Justice shall exercise their functions in turn, in the manner determined by the Supreme Court of Justice. Justice.
ArtAculoA 31.A (Emergency competition).-
31.1 Judges of all subjects and grades are competent to take the most urgent and unpostponed measures requested by the Ministry of Public Health, when they are in place of the event. If several judges attend simultaneously, they will know the one of the highest hierarchy. After the urgent action, the intervener court will put the actions in the knowledge of the naturally competent.
31.2 Any magistrate of the Ministry of Public Health may ask for the measures referred to in the previous number when it is close to the place of the event, giving immediate account to the naturally competent prosecutor.
ArtAculoA 32.A (Connection cases).-There is connection when different pretenses or processes refer to:
32.1 To a person by the commission of various offenses.
32.2 To multiple persons by the commission of the same offense.
32.3 To several people for the commission of different crimes, when one of the crimes has been committed:
| a) | to run the other; |
| b) | on the occasion of this; |
| c) | to ensure your own or other benefit; |
| d) | to achieve self or other impunity; |
| e) | on daA ± or recAproco; |
| f) | under conditions that determine that the test of one or one of its circumstances influences the test of the other crime or any of its circumstances. |
ArtAculoA 33.A (Initial plantings of related pretenses).-When the connection of pretenses is initially warned, they should be raised in a unique process.
ArtAculoA 34.A (Inform pretenses accumulation).-
34.1 If once a process has been initiated, the pretensions associated with the ones already deducted that have not been given place in the process should be accumulated by insertion in the same process.
34.2 It will not proceed to the accumulation when the test has been completed in the course of the test or when the court has settled the procedure separately.
ArtAculoA 35.A (Non-accumulation of processes).-When separate processes have been promoted, they will not be accumulated and these will be processed and resolved independently by the competent court. in each of them.
ArtAculoA 36.A (Competence on questions for a preliminary ruling).-
36.1 The judge of the criminal proceedings is competent to understand in all matters beyond his or her subject matter that they arise in the course of the criminal proceedings and are decisive in determining the existence of the offence or the responsibility of the accused.
36.2 The decision of the criminal judge on the questions referred to in this article will only be effective in criminal law.
36.3 If the reference for a preliminary ruling had been settled at the respective headquarters by a judgment passed in the authority of res judicata, the same effectiveness as it has in its natural premises is in the criminal proceedings.
ArtAculoA 37.A (contradictory statements).-If the decision of the questions referred to is the main and determining basis of criminal conviction and the same questions are the subject of a subsequent sentence In its own headquarters, the injured party may deduct extraordinary resource of revisiting.
ArtAculoA 38.A (Incompetence for matter or grade reason).-
38.1 The incompetence of the matter or of the degree is absolute and can be enforced either by the court or by the parties at any time in the process.
38.2 The action by an absolutely incompetent court is void, except in respect of the precautionary measures and the decisions that modify them or make them cease, the effects of which will be subsistitrA until the competent judge resolve to maintain or revoke.
ArtAculoA 39.A (Incompetence for place or shift reasons).-The incompetence by reason of place or shift does not cause nullity and can only be asserted by the parties at their first appearance or by the court of At the beginning of its action, without prejudice to the urgency of the matter.
ArtAculoA 40.A (Conshop of jurisdiction).-The Supreme Court of Justice will resolve the conflicts between ordinary and military jurisdiction.
ArtAculoA 41.A (Competition Content).-If for any circumstance, two or more courts declare themselves competent or incompetent to understand in the same case, any of them, on their own initiative or at the request of party, subject to the decision of the Supreme Court of Justice. This will resolve the courts in the matter.
ArtAculo 42.A (Order).-In cases of vacancy, license, impediment, recusal, or abstention, the judges will be subrogated as follows:
42.1 The Ministers of the Supreme Court, by lot among the members of the Courts of Appeals in the Criminal. In his absence and in his order, among the members of the Courts of Appeals in the Civil, Labor and Family.
42.2 The Ministers of the Courts of Appeals in the Criminal, by lot among the members of the other courts of the same matter. In his absence and in his order, among the members of the Courts of Appeals in the Civil, Labor and Family.
42.3 The Judge Letrado of First Instance in the Criminal, for which he shares the office and in his defect, for which it precedes him in the turn. If all were prevented, by the Judge Letrados of First Instance in the Civil.
42.4 The Judge Letrado of the First Instance of the Interior with jurisdiction in criminal matters, by his order, by the judge of the same categorical and place with jurisdiction in criminal matters, by that of the same categorical and place of another contest, by the Judge of Peace Departmental based in the same city and by the judge of the same category of the headquarters more than next.
42.5 The Letrated Judges of First Instance of Execution and Surveillance, for which they precede them in turn and if all were prevented, by the Judges Letted in the Criminal of the department.
42.6 The Judges of the High and the Interior Department of Peace, according to the regime established by the Supreme Court of Justice.
In all cases of integration of multi-personal courts, the member member will continue to know in the case until its termination. If the impediment is due to a license, the integration will be performed if it is extended by more than thirty days.
ArtAculo 43.A (Funciation).-
43.1 The Ministry of Public Health is the holder of the criminal action. You should practice all the steps that are conducive to the success of research.
43.2 When you become aware of the existence of a fact with a criminal appearance, you will promote the criminal prosecution with the help of the administrative authority, without you being able to suspend, interrupt or stop your course, except in the cases provided for in law.
ArtAculoA 44.A (Remiasion).-
44.1 The intervention of the Ministry of Public Health in the process will be regulated by the provisions of the Law of the Public and Fiscal Ministry.
44.2 The jurisdiction of the prosecutors will be regulated in the same way as the one set for the courts, without prejudice to what is established by the Law of the Public and Fiscal Ministry.
ArtAculoA 45.A (attributions).-
45.1 The Ministry has privileges to:
| a) | directing the investigation of crimes, crimes and faults as the action of the National Police and the Prefecture National Naval in their respective A mbitoths of competence disposing of or requesting the court, as appropriate, the evidentiary measures that it considers relevant; |
| b) | have the presence in your office of all those people who can provide useful elements for research, including the inquiry, the complainant, witnesses and experts; |
| c) | not starting research; |
| d) | proceed to the interim file; |
| e) | apply the rule of regated opportunity; |
| f) | requesting precautionary measures; |
| g) | requesting the court to formalize the investigation; |
| h) | deduce acoustical or prompt for overment; |
| i) | attend and protect vActimas and witnesses. |
45.2 When the Ministry of Public Health exercises criminal action, it is part of the process.
In the proceedings to be carried out, the Attorney General shall act directly or as represented by the Deputy Attorney General or by a lawyer of the FiscalAa designated by him. In this latter case, it will suffice with a genic design for its effective representation.
ArtAculoA 46.A (Technical Independence).-The Attorney General of the Court and Attorney General of the National Organization and the Prosecutors, will act with absolute independence in the exercise of their respective competence and in the plane Technical.
The Public Ministry will not receive any orders or directives from any State Power, without prejudice to the corrective and administrative superintendence that the Prosecutor of the Court is responsible for.
ArtAculoA 47.A (Substance of the Ministry of Public Health for the purpose of charging).-Due to the time limit for deducting the charge or its application, the judge will order the passage from the file to the surrogate prosecutor who will have the issue the same deadlines as the surrogacy. This omission will be communicated to the leader of the Ministry of Public Health.
ArtAculoA 48.A (Information and protection for the latest).-
48.1 During the whole procedure it is the duty of the prosecutors to take measures or to request them in their case, in order to protect the victims of the crimes, to facilitate their intervention in the process and to avoid or to diminish to the minimum any affections of your rights.
48.2 The prosecutors are obliged to carry out the following activities in favor of the vActima:
| a) | give you information about the course and outcome of the procedure, your rights, and the activities you must perform to be exercised; |
| b) | order by sA or apply to the court where appropriate, the measures intended for the protection of the vActima and its family in the face of probable harassment, threats or aggression; |
| c) | inform you about your eventual right to compensation and how to exercise it. |
If the vActima designated a lawyer, the Ministry of Public Health shall be obliged to carry out the activity within the meaning of this paragraph.
The Court Prosecutor will regulate the procedures to be followed by prosecutors to comply with the provisions of this article.
ArtAculoA 49.A (National Police and National Naval Prefecture in the criminal proceedings).-
49.1 The National Police and the National Naval Prefecture, in their respective fields of competence, will be auxiliary to the Ministry of Public Health in the tasks of investigation and should carry out the necessary measures to fulfill the objectives provided for in this Code, in accordance with the instructions given to them by the prosecutors.
49.2 Likewise, it will be up to them to execute the enforcement measures that will be enforced by the courts.
49.3 Without prejudice to the foregoing, the Ministry of Public Health may instruct the authority in charge of the penal establishments to investigate the acts committed within them, acting on the basis of the in accordance with the forecasts of this Code.
ArtAculoA 50.A (Department of the Public Ministry).-
50.1 The officials mentioned in the above article will perform their duties under the direction and responsibility of the prosecutors and in accordance with the instructions they provide to them for the purposes of the investigation, without prejudice to their natural dependency on the respective hierarchy.
50.2 Tambiivern should comply with the instructions given to them by the judges for processing the procedure.
50.3 They may not qualify the origin, convenience or opportunity of the orders they receive from judges and prosecutors, but when the law requires judicial authorization for the conduct of a due diligence, they may require that they be exhibited. before you practice it.
ArtAculoA 51.A (Communications between the Public Ministry and the administrative authority).-The communications that the prosecutors and the administrative authority must address with relation to the activities of The investigation of a particular case will be carried out in the form and by the most expeditious means possible.
ArtAculoA 52.A (Impossibility of compliance).-The official of the administrative authority who for any cause is prevented from fulfilling an order that he has received from the Ministry of Public Health or the authority The court will immediately put this circumstance in the knowledge of those who have issued it and of its superior, in the institution to which it belongs.
The prosecutor or judge who has issued the order may propose or arrange, as appropriate, any modifications that it deems appropriate for its due fulfillment, or to reiterate the order, if in its concept there is no such impossibility.
If the official who received the order will continue to allege that it is impossible to comply with it, who has issued it will put the facts in the knowledge of that official's hierarchy, by the relevant vAas, to the disciplinary purposes that correspond to and without prejudice to other responsibilities in which the defaulting officer may have incurred.
ArtAculoA 53.A (Administrative authority updates without prior order).-Corresponding to officials with polypolica functions perform the following actions, without having to receive previously Particular instructions from the prosecutors:
| a) | render aid to the vActima; |
| b) | practice loathing in cases of flagrant or leak, as per law; |
| c) | ressave the place where the event was committed. To this end, they will prevent access to any person outside the investigation and will be closed if it is a closed site, or its isolation if it is an open site. It shall also prevent any traces or vestiges of the event being altered or erased in any way or the instruments used to carry it out shall be removed, as long as expert personnel of the authority with the functions of the policA are not involved. Ministry PAºblico designate. |
| A should also collect, identify, and preserve under seal objects, documents, or instruments of any kind that are presuma have served for the commission of the fact investigated, its effects or those that could be used as means of proof, to be referred to who corresponds, leaving constancy of the complete individualization of the officials interveners; |
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| d) | identify the witnesses and record the statements they voluntarily provide at the site of the event, the cases referred to in (b) and (c) precedents; |
| e) | receiving complaints from the public; |
| f) | perform the actions that dispute other legal rules. |
ArtAculoA 54.A (Information to the Public Ministry).-A complaint or known by any means the occurrence of a fact with a criminal appearance is received, the administrative authority shall inform immediately and by the most expeditious means to the Ministry of Public Health. Without prejudice to this, it shall proceed when it corresponds to the actions provided for in the preceding article, in respect of which the obligation of immediate information to the competent authority shall be fulfilled.
ArtAculoA 55.A (Identity control).-
55.1 The administrative authority may also, without prior order of the prosecutors, request the identification of any person in a well-founded case, such as the existence of an indication that the person has committed or attempted to commit a crime, which is available to be committed, or which can provide useful information for the inquiry of a criminal ilecite.
55.2 The identification will be performed in the place where the person is and by any means. The official should grant the person facilities to find and display these documents. If the latter is not possible and the person will authorize in writing that fingerprints be taken, they may only be used for identification purposes.
55.3 In case of a refusal of a person to prove his or her identity or if having received the facilities of the case would not have done so, the police could drive it to the police unit more nearby, exclusively for identification purposes.
55.4 The police ability to require the identification of a person should be exercised in the most possible way. In no case, the set of procedures detailed in the preceding cases may be extended for a period of more than two hours, after which the person shall be released.
ArtAculoA 56.A (Rights of the person subject to identity control).-In any case where it has been necessary to drive the police unit to the person whose identity is to be found by virtue of the article the official who practices the transfer must inform him verbally of his or her right to communicate to a relative or another person, his or her permanence in the police repartition. The affected person will not be able to be admitted to cells or dungeons, or kept in contact with other detainees.
ArtAculoA 57.A (General instructions).-Without prejudice to the particular instructions that the acting prosecutor will provide in each case, the Court Prosecutor shall regulate by general instructions the procedure with which the administrative authority shall comply with the functions provided for in the preceding articles, such as the manner in which it is carried out in relation to facts from which it takes cognizance and in respect of which the data obtained are insufficient to estimate whether they are constitutive of crime.
ArtAculoA 58.A (Action Log Request).-The Public Ministry may at any time require the records of the actions of the polica.
ArtAculoA 59.A (Personal registration, clothing, luggage, and vehicle).-It may be possible to practice the personal registration of those who are legally detained, of their clothing, luggage and other effects that they carry and of the vehicle on which you travel.
To practice the personal registration, it will be commissioned, whenever possible, to persons of the same sex as the detainee.
Specific authorization of the competent prosecutor will be required to practice registration in such a way as to cause damage to the property of the detainee.
ArtAculoA 60.A (Crate Uprising See).-In cases of death in the public service, and without prejudice to the powers that correspond to the bodies responsible for criminal prosecution, the police will relieve the data In fact, they are concerned with the greatest technical rigour that circumstances permit. The lifting of the cadA can only be performed upon authorization or order of the competent prosecutor, leaving the record of the worker in accordance with the general rules of this Code.
ArtAculoA 61.A (Declarations of the imputed to the polica).-The administrative authority may only question the person responsible for the purposes of verifying his identity. If the defendant manifests his decision to declare, the necessary measures shall be taken to declare immediately before the prosecutor. If this is not possible, the declarations that you voluntarily wish to provide may be entered, subject to authorization from the prosecutor and under your responsibility.
ArtAculoA 62.A (Identity protection).-Police and National Naval Prefecture officials will not be able to inform the media about the identity of detainees, charged, witnesses, or other persons who are or may be linked to the investigation of a suspected criminal act, unless expressly authorized by the competent prosecutor.
ArtAculoA 63.A (Imputed).-
63.1 It is considered imputed to any person to whom the Ministry of Public Health attributed participation in the commission of a crime, or that is indicated as such to the competent authorities. Such legal quality may be attributed to it from the beginning of the preliminary investigation of a suspected criminal act or during the conduct of the proceedings and until the judgment or resolution is passed that means the conclusion of the proceedings. same.
63.2 The imputed is part of the process with all the rights and faculties inherent to such quality, in the form and with the regulated lAmites in this Code.
ArtAculoA 64.A (Rights and GarantAas of the imputed).-All imputed may be valid until the end of the process, the rights and guarantees given to it by the and laws.
Among others, you will have the right to:
| a) | not be subjected to torture or other cruel, inhuman or degrading treatment; |
| b) | freely designate the defender of your trust from the first action of the Ministry of the Public and to the complete execution of the sentence that is handed down. If you don't have it, you will be assisted by a public defender in the form that the law establishes; |
| c) | that you are given a specific and clear report about the facts that you are charged with and the rights that you are entitled to href="areuelveref.aspx?CONSTITUTION, 401//2004/HTM/" title="Constitution in force on this document, " Constitution of the Republic and laws; |
| d) | request the prosecutor to investigate the investigations aimed at disvirtuing the imputations that are formulated to you; |
| e) | directly request the judge to cite a hearing, which you should have to attend with your lawyer in order to provide statement on the facts of the investigation; |
| f) | knowing the content of the investigation, except in cases where any part of it has been declared reserved and only for the duration of that reservation, in accordance with the rules governing the preliminary inquiry; |
| g) | request the cause and appeal against the resolution rejecting the request, in both cases by Your advocate's intervention; |
| h) | keep silent, without it implying guilt; |
| i) | refusing to take oath or promise to tell the truth; |
| j) | not be judged in absence. |
ArtAculoA 65.A (Private release of freedom).-The private imputed of freedom will also have the following guarantees and rights:
| a) | that is specifically expressed to you and clearly the reason for your deprivation of liberty and the court order that you have disposed of, except the case of a flagrant offense; |
| b) | that the official in charge of the detention or apprehension procedure informs you about the rights that you are attending; |
| c) | that if you do not have previously designated defender, any family member or person who is a close person may propose to him a defender determined, without prejudice to the provisions of Article 64 (A) (b) of this Code; |
| d) | being conducted without delay before the court that has ordered its detention; |
| e) | request the court to grant you outpatient freedom; |
| f) | that the administrative authority of the place in which it is held report in its presence to the person who indicates, that has been stopped and the reason for its detency; |
| g) | having at its expense the comforts and occupations that are compatible with the security of the enclosure in which it is stopped; |
| h) | interviewing your advocate privately. |
ArtAculoA 66.A (Rules on the declaration of the imputed).-
66.1 The court will question the person, at the first opportunity, about his name and other personal data for his identification. The doubt, error or falsehood about the data obtained shall not delay or suspend the development of the preliminary hearing where the individualisation of the imputed is true.
66.2 During the whole procedure and in any of its stages, the defendant may make new statements and even ask the judge to be received for this in a non-scheduled hearing, especially in this section. magistrate. The hearing shall be held by all parties.
66.3 The court will confine itself to urging you to respond clearly and accurately to the questions put to you, without prejudice to your right not to declare.
66.4 If the person is not aware of the Spanish language or if he is deaf, mute or deaf, the judge will have in such cases the use of recognized experts and the formulation of written questions and answers, where necessary. The judge may also authorize any communication system deemed appropriate.
ArtAculoA 67.A (Inimputability).-
67.1 At any stage of the process in which one of the subjects is reported, or it is apparent that the person charged at the time of executing the act attributed to him was in one of the cases provided for in the articles 30 to 33 or 35 of the Criminal code, after expert opinion, may be provisionally available in a specialized establishment.
67.2 The same way will be done if the indicted deviniere is inimputable during processing of the process.
67.3 The process will continue until the final judgment, and if the sentenced person is convicted, you will be held responsible for the crime committed and you will be charged with curative measures in place of the sentence.
ArtAculoA 68.A (MinorAage).-If in any state of the procedures it is proven that when the imputed committed the fact was inimputable by age, the performances will be closed and the actions will be remitted. A background to the competent court is being determined.
ArtAculoA 69.A (Rebels).-The processing of the criminal prosecution in absentia is prohibited.
ArtAculoA 70.A (Statement of rebondAa).-
70.1 SerA is considered to be a rebel, the defendant who was duly summoned by the judge of the case not to appear before him or to justify his failure to appear.
70.2 Incourse the defendant in absentia, the prosecutor will ask the court to ask him to declare it and in the same act free order of arrest against the rebel.
70.3 The defendant's statement of rebellion suspends the process in its respect and will be considered sufficient reason to request security measures on his assets.
70.4 When the rebellion situation ceases, the court will declare it and the process will continue to be in its state.
ArtAculoA 71.A (Rights and duties of the defender).-
71.1 The human rights defender may exercise all rights and powers that the law recognizes to the defendant, unless expressly reserves his exclusive exercise to the latter.
71.2 The exercise of the defense is a right and a duty of the lawyer who accepts the charge and will cover the stage of knowledge and the stage of execution.
71.3 The defender will act in the process as a formal part of the charge, with all the rights and privileges of that quality.
71.4 The human rights defender has the right to take cognizance of all the actions that have been carried out or that are being complied with in the process, from the preliminary investigation and in a plane of absolute procedural equality with respect to the Ministry of Public Health. The judge, under his most serious functional responsibility, will take the necessary steps to preserve and enforce this principle, without prejudice to urgent and reserved measures.
71.5 Every lawyer has the right to require the official in charge of any place of detention, to inform him in writing and immediately, whether a person is or is not being held in that establishment.
The exercise of this right does not in any way condition the exercise of habeas corpus action.
ArtAculo 72.A (Initial designation and acceptance of the charge).-
72.1 The design of the human rights defender shall be carried out before any inquiry, except for urgent cases. You can only be an advocate who is entitled to practice law in the national territory.
72.2 If required, the person will not be elected, or the chosen one will not immediately accept or will not be found, will act the public defender who is responsible for the turn.
72.3 To have a defender appointed, you are required to accept the charge and to be a legal domicile.
ArtAculoA 73.A (Joint Defense).-
73.1 The defense may be exercised by two lawyers. In this case, they should constitute their respective electronic procedural addresses and a single procedural domicile in the radio corresponding to the court in which they appear. At all times, you can act in the process together or separately.
73.2 Every procedural act by an advocate shall be effective with respect to the other member of the joint defence.
ArtAculoA 74.A (Defence common).-
74.1 The defense of several imputed may be assumed by a defender, on condition that the various positions that each of them support are not incompatible between sA.
74.2 If the court notices a situation of incompatibility, the court will present the defendants and grant them a period of up to five days for each to appoint their human rights defender, under the warning of assigning them to them.
74.3 If the deadline expired, some of the defendants have not appointed their human rights defender, the court will assign you a public defender.
74.4 Resolutions on this point will be unactionable.
ArtAculoA 75.A (Effects of the Absence of the Defender).-The absence of the defender in any action in which the law expressly requires his participation, shall entail its nullity.
ArtAculoA 76.A (Renunciation or abandonment of the defense).-
76.1 The formal resignation of the human rights defender shall not suspend the proceedings or release him from the duty to carry out any acts necessary to safeguard the rights of the accused.
76.2 The court will notify the defendant and the new human rights defender will be notified of the appointment, giving him a period of up to five days to give him a warning to assign the public defender to him, which is due in turn.
ArtAculoA 77.A (Further naming).-The imputed may subsequently designate another defender to replace the previous one, but the surrogacy will not be able to abandon the defense until the new defender accepts the charge.
ArtAculoA 78.A (Own Sponsorship).-
78.1 Do not admit that the accused is defending himself, unless he is a lawyer.
78.2 The complainant or the vActima who are lawyers qualified for the exercise of their profession, may be professionally assisted.
ArtAculoA 79.A (The vActima).-
79.1 The person offended by the offense is considered vActima.
79.2 At the time of making an instance or denouncing the fact, the vActima or its representative may express its intention to participate in the criminal proceedings, with the rights and powers that this CAUSE assigns to it.
79,3 At the first procedural opportunity the vActima that has made use of the right established in the preceding number, or its representative, must provide its identifying data, constitute domicile within the radius of the court, communicating the successive changes and designating a sponsor lawyer.
79,4 To the last resources that are requested by them, they will be designated as a public defender.
ArtAculo 80.A (Representatives of the vActima and legitimized for the exercise of their rights).-
80.1 In the investigation and prosecution of crimes in which the death of the vActima has occurred, or in the cases in which it is, being legally capable, cannot exercise for the rights that this Code gives to it, it may appear the following persons, who shall exercise as their own the right and interest that they have reciprocated to the deceased vActima or, where appropriate, shall act in their representation:
| a) | to parents, jointly or separately by their children subject to parental authority, or unmarried or divorced or widowed, not united in concubinate, which do not have, in turn, older children; |
| b) | the calone, if you were not voluntarily separated from the vActima at the time of the offense; the concubine; the older children of age; |
| c) | siblings; |
| d) | the tutor, curator, or keeper; |
| e) | grandparents; |
| f) | those close to you who cohabitated with the vActima or maintain with it a way of life in common. |
| To minors and unable to appear through their legal representatives. |
|
| A Cannot act in the representation of the vActimas or exercise the rights that these correspond to, who are investigated for his alleged responsibility in the crime. |
80.2 For the purposes of its intervention in the procedure, the preceding statement constitutes a ranking order, so that the actuation of one or more persons belonging to a certain category excludes those in the next.
80.3 The issues raised by the application of the preceding provisions will be dealt with by the incidental and will not suspend the course of the main proceedings. Against the providences that are dictated in the course of the incident and even against the sentence that ends it, there will be no other recourse than that of repositioning.
ArtAculo 81.A (vActima rights and faculties).-
81.1 The vActima of the offence shall have the rights granted to it by this Code, without prejudice to the duties which are imposed on the prosecutor for the protection of the interests of the prosecutor.
81.2 The vActima of the crime can intervene in the criminal procedure as established in this Code and will have the following rights, among others:
| a) | to take cognizance of all the actions performed since the beginning of the preliminary inquiry, without prejudice to the the tax authority to provide that the same shall be kept in reserve where necessary to ensure the effectiveness of the investigation (Article 259.3 of this Code); |
| b) | to intervene in the process and be oAda in the terms foreseen in this CAOdig; |
| c) | to propose evidence during the preliminary inquiry, as in the preliminary hearing and in the second instance, if any, contributing to the fiscal and probative activity of the prosecutor. In the prosecution and production of the test that has been proposed by the vActima, it will have the same rights as the parties; |
| d) | to request protection measures against probable harassment, threats, or assaults against it, its family members, or its associates; |
| e) | to request security measures on the assets of the offense or related to the offense; |
| f) | to oppose, before the court, the decision of the prosecutor not to initiate or terminate the preliminary inquiry, or not to exercise the criminal action; |
| g) | to be heard by the court before it gives resolution on the order of dismissal or other determination to terminate the process, in accordance with the provisions of Article 129 of this Code. |
ArtAculo 82. -A criminal action is public. Their exercise corresponds to the Ministry of Public Health and is necessary, except for exceptions established by law.
ArtAculoA 83.A (Previous issues).-If the exercise of the criminal action is conditioned by the or the law to the prior realization of certain activity or the judicial or administrative resolution of a particular issue, The Court of Justice of the European Court of Justice of the European Court of Justice of the European Union, of the Court of Justice of the European Union, of the Court of Justice of the European Union garantAas provided for in this code.
84.1 The instance is the inequAvoca manifestation of the will of the offended by a crime, in the sense of mobilizing the criminal process for the conviction of those responsible.
84.2 The mere news of the occurrence of the event is not an instance.
ArtAculoA 85.A (Extensiation).-The instance directed against one of the co-partners of the offense extends to the demAs.
ArtAculoA 86.A (Legitimated to urge).-When the offended cannot act for sA, they will be legitimized to urge the Ministry of the Public to exercise the criminal action the persons indicated in the article 80 of This CAUSE.
ArtAculoA 87.A (Content of the instance).-In the instance you must record the place and date of presentation, the name, age, marital status, profession, and address and address of who you are calling and the fact to which you refer.
If the alleged perpetrators are known, they will be mentioned or covered by the punishable fact, they will be mentioned, indicating as far as possible their whereabouts, their family relations, their profession or their profession and their physical characteristics, and also express their own characteristics. were in-person witnesses to the fact.
ArtAculoA 88.A (MA©all to urge).-The instance will be made before the Ministry of Public Health verbally or in writing, leaving in all cases recorded in the minutes. It may also be deduced, necessarily in writing, to the authorities with functions of polica.
ArtAculo 89.A (Signature of the instance).-The instance that is written in writing will be signed by its author, in the presence of the respective authority. If you do not know or cannot sign, the letter will be endorsed with the right thumb of the person concerned or, failing that, the left thumb dAgito. This will be followed by the fact that the person knows the text of the document and has stamped the digital printing in his presence and conformity.
ArtAculoA 90.A (Confirmation of the will to urge).-At the beginning of the court proceedings, the Ministry of Public Health will explain to whom the scope of the request was formulated. If the declarant confirms his wish to urge, he shall be given the right to be recorded in the respective minutes. If the one who urges desiste, you will have to give up your right to urge and you will not be able to do so again for the same facts.
artAculoA 91.A (Expiration of the right to urge).-The right to urge expires within six months from the commission of the alleged criminal act, or since the offended or the person entitled to urge doing so.
artAculoA 92.A (Disistation).-
92.1 It will be withdrawn from the instance before the Ministry of Public Health formalizes the charge, without prejudice to the provisions of special laws.
92.2 When the instance has been formulated by one parent, only the one who instA³ has the power to desist.
ArtAculoA 93.A (Acceptance of the withdrawal).-To be effective, the withdrawal should be accepted by the imputed. You will understand that you accept it if you do not manifest your opposition within three days of notification.
ArtAculoA 94.A (Effect of withdrawal).-The accepted withdrawal will be terminated by the process, which cannot be started again by the same facts.
ArtAculoA 95.A (Extensive effect).-In cases of withdrawal of the instance, its effects will be extended to all co-partners of the offense.
ArtAculoA 96.A (Misdemeanors at the instance of the offended).-The following crimes are punishable at the instance of the offended: rapture, violation, violent attack on the pudder, corruption, stupor, trauma, injury ordinary, serious injury, defamatory and injury, misappropriation of things lost, treasure or things by mistake, damaged or without any aggravating specific conditions, violation of art or literary property, violation of trade marks, violation of industrial privileges and patents of Fraudulent insolvency, subtractions or retrentions of a minor with special attenuating, threats, illegal penetration in the form of an alien, abusive hunting and violations of the laws of garment without displacement. It will also require the instance of the offended in those criminal types to establish the requirement of this formal requirement.
ArtAculoA 97.A (officio procedure).-In violation, violent attack on modesty, corruption, rape, rape, trauma and intentional ordinary injury, the following shall be made of trade in the following: cases when:
| a) | the fact has been accompanied by another offense in which it must be officiated; |
| b) | the aggrieved person lacked the ability to act for sA in judgment and no person entitled to urge; |
| c) | the offence is committed by parents, guardians, curators, guarders or holders of fact or law or with abuse of the domestic or cohabitable relationships; |
| d) | the aggrieved person is less than eighteen years old and is interned in a public establishment; |
| e) | the offense is committed by the person who has the person who has responsibility for the attention of his or her health or education; |
| f) | the aggrieved person is about who committed the crime in a job dependency relationship. |
ArtAculoA 98.A (Faculties not to start and terminate the investigation).-
98.1 The prosecutor may abstain from any investigation, or terminate an already initiated investigation, if the facts reported in the complaint do not constitute a crime, if the background and data provided indicate that the the criminal liability of the imputed, or if the performances fulfilled have not produced results that allow the continuation of the inquiry. The resolution of not investigating or terminating the investigation will always be founded, and the complainant will be communicated to the complainant and, if necessary, to the victim who has appeared or is identified.
98.2 The complainant or the vActima may request the court to order the review of the case by the subrogating prosecutor, within thirty days of being notified.
98.3 If you hear the petition and the acting prosecutor, the court will consider that the facts reported could constitute a crime, that the alleged criminal liability of the accused may not be extinguished or that it is possible to continue In the same hearing, the inquiry will be sent to the same audience, and without any other reason, the case will be reviewed by the subrogative prosecutor, which will notify the leader of the Ministry of Public Health for his knowledge. The resolution will not admit resources. The acting prosecutor up to that point will be inhibited to continue to understand the matter.
98.4 The actions will be referred to the subrogative prosecutor, who will have a period of twenty days to be issued ordering the beginning or continuation of the investigation, or reiterating the refusal to do so. The decision of the subrogating prosecutor will conclude the matter and the court, the leader of the Ministry of Public Health and the petition that requested the review of the case, will be communicated to the court.
ArtAculoA 99.A (New facts or test media).-Although you have resolved not to initiate or terminate the investigation of a case in accordance with the provisions of this Code, the prosecutor may always to start or continue it, if new facts are produced or new means of evidence are provided to justify it.
100.1 The Ministry of Public Health may not begin criminal prosecution or abandon the already initiated, in the following cases:
| a) | when dealing with low-entity crimes that do not seriously compromise the public interest, unless the mAnima penalty exceeds the two years of deprivation of liberty, or which have been presumably committed by public officials in the exercise of their duties; |
| b) | whether it is a culpable offence that has irrogated the imputed to a serious affliction, the effects of which may be considered greater than the which derive from the application of a penalty; |
| c) | if four years have passed from the commission of the event and it is assumed that no penitentiary is to be punished, no if any of the causes that suspend or interrupt the prescription are present. |
100.2 The decision of the Ministry of Public Health not to initiate the criminal prosecution or to abandon the already initiated one will be adopted always for the purpose of the resolution founded and will be referred to the competent court, jointly with its antecedents, for the control of its formal regularity; the service member and, where appropriate, the complainant and the last person who has appeared shall also be notified.
100.3 If the court understands that the decision of the prosecutor is not in accordance with the law, it will be declared, with news of the leader of the Ministry of Public Affairs. In such a case, the acting prosecutor will be prevented from continuing to know in the case. The file shall be forwarded to the subrogating prosecutor, who shall be issued within twenty days, reiterating or correcting, definitively, the position of the FiscalAa.
ArtAculoA 101.A (Civil action).-The civil action may not be exercised in criminal law, without prejudice to the precautionary measures that may be issued at the request of the party.
ArtAculoA 102.A (Faculties of the subjects of the civil action).-The above prohibition does not prevent the exercise of the procedural powers that this Code recognizes the vActima and the third civilly responsible.
ArtAculoA 103.A (Exercise separate from civil and criminal actions).-Civil action and criminal action that are based on the same act ilAcito, should be exercised separately and independently in the venues respective.
ArtAculoA 104.A (Relation between civil and criminal proceedings).-The independence from the previous article will understand the totality of the civil and criminal proceedings, including the corresponding rulings and without damage to what is set out in the following article.
ArtAculoA 105.A (Test moved, review facility).-The tests carried out in a process can be moved to the other and will have similar effectiveness to the one that they will have to be diligent in this process. Last process, provided that in the primitive they had been practiced at the request of the party against whom they are adduced or with hearing of it. They may also be involved in one of them and in the same way as the result of the other, the recourse of civil or criminal review, which may correspond to the case.
ArtAculoA 106.A (Remisionate).-The provisions of Book I, Title VI, Chapter I, Sections I, II, III, and VI of the General Code of the Process, as relevant, with the exclusions and modifications that are expressed in the following items.
ArtAculoA 107.A (Exclusions).-The provisions of the Articles 71.3, 71.4, 78, 84, 87, and 89 of the General Code of the Process are not applied to the criminal proceedings.
ArtAculoA 108.A (Language).-
108.1 The procedural acts should be met in Spanish language.
108.2 The declaration of people who ignore the Spanish language, of deafwudos who do not know how to understand in writing or gestural language and documents or recordings in a different language, or in another form of knowledge transmission, should be translated or interpreted, as applicable.
ArtAculoA 109.A (Place).-
109.1 The Ministry of Public Health in the performance of its duties and the court itself, if it is appropriate, may be constituted anywhere in the territory which covers its jurisdiction or if necessary, anywhere in the territory of the territory of the national.
109.2 Exceptionally, may be carried out probative proceedings abroad, with authorization of the Prosecutor of the Court and Attorney General of the National Court of Justice and the Supreme Court of Justice respectively and with the consent of the authorities competent of the required paAs, in accordance with applicable rules.
ArtAculoA 110.A (Process Time).-The courts will be able to enable dAas and hours according to the requirements of the process. Unless otherwise expressed, it is considered to be weak all the time necessary for the prosecution of the test.
ArtAculoA 111.A (Of the procedural deadlines).-The initiation, suspension, interruption, term, and only of the time that the acts of the criminal proceedings may or must be produced, shall be regulated in the relevant rules of the civil procedure except as set out in Article 92 of the General Code of Procedure.
ArtAculoA 112.A (Form of action).-Court judgments and requests and allegations from either party and the vActima, will always be founded.
ArtAculoA 113.A (Imputed Rights).-
113.1 Every person, to whom a mass media of communication has attributed the quality of imputed in a criminal process, has the right to be published free of charge in note of similar characteristics, information concerning his dismissal, absolute or closing of the process, whatever the reason for the process.
113.2 If the means of information is denied, the person concerned may come to the procedure laid down in the law for the exercise of the right of rectification or response.
ArtAculoA 114.A (National and international communications).-When the court is required to give notice of its resolutions to other national or international authorities, or to ask them for any request Compliance with the process, can be carried out by any means, leaving it written and verified.
The above will be understood without prejudice to the provisions of the international treaties that force the Republic.
ArtAculoA 115.A (Acts that are reported).-
115.1 Any judicial action unless otherwise expressed, must be immediately notified to the parties by the procedure set out in the following article.
115.2 Judicial providences that are delivered in the hearing shall be reported in the hearing.
ArtAculoA 116.A (Form of notifications).-
116.1 The notifications of the judicial providences except those that are given in the hearing, shall be made in the addresses constituted by the parties or in their defect, in their respective direct addresses, when the law does not provide especially other way of doing so, without prejudice to what is established on an electronic address.
116.2 For the purposes of this provision, the offices of prosecutors and public defenders shall be held as their respective procedural addresses.
116.3 The final statement will be notified to the parties with an Antegra copy, authenticated by the actuary. It shall also be notified to the person in the place of detention or, where appropriate, at the registered office. If this is not possible, the diligence shall be carried out at the registered office of the human rights defender.
ArtAculoA 117 (Classification).-
117.1 Judgment is the decision of the court on the cause or point that is overturned before it.
117.2 Statements are either an interlocutor or a definitive statement.
117.3 The interlocutory statement is the one that resolves a question about an article or incident, and it is the one that resolves the main thing.
117.4 The other providences that the court dictates are decrees of mere rule.
ArtAculoA 118.A (Remiasiation).-SerA of application to the criminal process as appropriate, as set forth in Book I, Title VI, Chapter V of the General Code of the Process.
ArtAculoA 119.A (Form and content of the definitive statement).-
119.1 The definitive statement should be entered:
| a) | the date on which the file is issued, the identification of the cars, the name of the accused, the name of the representative of the Ministry PAºblico and the defender who act in the trial and the prosecution of the crime or crimes charged; |
| b) | will express a continuation by ResultTwo, the actions incorporated in the process related to the issues to be resolved, the evidence that served as a foundation, the conclusions of the indictment and the defense and finally, properly articulated, the facts that are held by certain and those who have been tested; |
| c) | will then be determined by Consider, the right to apply with respect to: the typicality of the tested facts, the participation of the imputed, the alteratory circumstances of the penalty and the insolvency modality of the offences. |
119.2 The definitive sentence can be either absolute or conviction.
119.3 The judgment of absolute shall examine the method of the cause and highlight the lack of proof or the existence of causes of justification, of guilt, of impunity or of the extinction of the crime.
119.4 The sentence of conviction will express the foundations of the individualization of the penalty and condemn it. It will also be pronounced on the penalty of confiscation and other accessory, as with respect to the application of security measures, if any.
119.5 The judgment imposing curative security measures shall be based on the declaration of unimputability and shall require the same.
119.6 will be the destination of the things hijacked and subject to confiscation.
119.7 The absolute judgment or the one that disposes, will order that the kidnapped things be returned to the person of whom they were obtained.
ArtAculoA 120.A (Congruence Principle).-
120.1 The sentence will not be able to impose penalty or measure of security without prior tax, nor to exceed the limit of the penalty or measure required by the Ministry of Public Health.
120.2 If, by mistake, the required penalty is illegal, the judge will also proceed to the sentence of the sentence and, if it results from conviction, will impose the penalty within the most legal genes, bringing to the attention of the fact to the hierarchy of the Ministry Public.
Without prejudice to the foregoing, the errors of the prosecutor shall be judged in administrative terms.
ArtAculoA 121.A (Principle of non-reform to the detriment).-In the second instance and in case, if only the portion of the imputed was used, it is not possible to modify the sentence to the detriment of this one.
ArtAculoA 122.A (Extensive effect).-The second instance or case statement in the background, or a review that absolves one of the partners of a crime or establishes a criminal or extenuating description (a) the benefit must extend its effects to the other, even if the judgment is enforceable, except in circumstances relating to the former.
In the same judgment, the court will modify the ruling, as appropriate.
ArtAculoA 123.A (Confiscation or destruction of instruments or effects intended for ilAdating activities).-At the end of the criminal proceedings, even if it does not recuse sentence of conviction, the court will resolve the confiscation or destruction of the material effects of the crime and the instruments with which it was executed that could be destined for activities of ilAdating, without prejudice to the provisions of the applicable law.
ArtAculoA 124.A (Effects of the Absolute).-
124.1 The enforceable absolute statement closes the process definitively and irrevocably in relation to the imputed in whose favor it is dictated.
124.2 The absolute judgment will order when it is the case, the freedom of the defendant or the cessation of the enforcement measures that have been applied to it.
124.3 Although the judgment is under appeal by the Ministry of the Public, the freedom or cessation of the measures limiting the freedom of the accused will be met with provisional cter.
ArtAculoA 125.A (Effectiveness of the statement).-The executed statements will produce all of their effects without prejudice to the unification of penalties, where appropriate.
ArtAculoA 126.A (Unification of penalties).-The unification of penalties will be dealt with in the incidental case, in the old case, and the sentence that will be considered definitive for all its effects.
ArtAculoA 127.A (From the charge).-The charge will be formally adjusted to the rules prescribed for the statement, as appropriate.
Must Contain:
| a) | the facts that the prosecutor considers to be tested and their legal qualification; |
| b) | the participation that the imputed has had on them; |
| c) | concurrent alteratory circumstances; |
| d) | the penalty or the security measure, as applicable. |
ArtAculoA 128.A (From the defense).-The defense should be formally adjusted and as relevant to the same rules that govern the charge.
ArtAculoA 129.A (Out of Order Order).-
129.1 The Ministry of Public Health, in any state of the process prior to the executed sentence, may desist from the exercise of the criminal action by requesting the dismissal for any of the grounds provided for in the following article.
129.2 Previous to be resolved, the court will hear the latest in the terms that are set forth:
| a) | if the order is formulated out of the audience and the vActima has appeared during the process, it will be given to you for six dAas; |
| b) | if the order is made in the audience and the vActima is participating, prior to the move, it will be evacuated at the moment. If you are not present at the hearing, even if you have previously participated, you will not be transferred. |
129.3 If the vActima does not object, the court should decree the dismissal without any more limit, by self-founded exclusively in the application of the prosecutor and in the non-opposition of the vActima. If there is opposition, the judge may:
| a) | dismiss it, decaying the order-out of the PAºblic; |
| b) | hosting it, in which case the case review by the surrogate prosecutor is available. |
129.4 The subrogating prosecutor will have a deadline of twenty days to be issued, reiterating the order of withdrawal or continuing the process according to its status.
129.5 If the subrogating prosecutor reiterates the order of dismissal, the judge will delay it without a further limit. The judgment will be notified to the parties, the vActima and the hierarchy of the Ministry of Public Health.
ArtAculoA 130.A (Source of the project).-The Ministry of Public Health should establish the order of withdrawal in any of the following causes:
| a) | when all probative possibilities are exhausted, there is no complete proof that the imputed fact has been committed or that the imputed has participated in its committee; |
| b) | when the fact does not constitute a crime; |
| c) | when it is indubitable that it mediated a cause of justification, guilt, impunity, or other extinguishing of the crime or criminal intent. |
ArtAculoA 131.A (Overtime at the request of the defense).-
131.1 Before the prosecution, the defense may ask the court to dismiss the case against any of the causes provided for in the previous article.
131.2 The incident will be substantiated with the vActima that has appeared before the preliminary hearing and then with the prosecutor.
131.3 If the prosecutor does not object to the dismissal, the judge must decree.
131.4 If the order of withdrawal formulated by the defense is denied, the defense will not be able to raise it again, except that I will allege facts not known at the time of making the first request or offer new means of proof.
ArtAculoA 132.A (Effects).-The withdrawal has the same effects as the absolute statement.
ArtAculoA 133.A (Definitive Closing).-The process will be closed definitively when any of the following causes are present:
| a) | death of the imputed; |
| b) | amnistAa; |
| c) | grace; |
| d) | pardoning; |
| e) | the existence of the executed statement falls on the same facts (bis in idem); |
| f) | prescription. |
Such causes may be declared in any state of the judgment, on its own initiative or at the request of a party. In the first case, the parties shall be notified personally to the parties who shall have the time limit of 10 days to challenge by appeal. In the second case, the request will be dealt with by incidental.
ArtAculoA 134.A (Presidency and assistance).-
134.1 The hearings will be chaired by the court.
134.2 The hearings will be held with the presence of the judge, the PAºblico Ministry, the human rights defender and the defendant. The absence of any of these procedural subjects will result in the nullity of the hearing, which will vitiate the subsequent acts of the process and will be the cause of the functional responsibility of the first two and the defender, as appropriate.
134.3 The vActima will be able to attend and its participation will be optional, with the scope, rights and form that is established in this Code.
ArtAculoA 135.A (Advertising).-Hearings to be held once the preliminary investigation is completed, unless the court decides otherwise for any of the following reasons:
| a) | for moral, public order, or security order considerations; |
| b) | when you measure special reasons to preserve the privacy and/or dignity of persons involved in the process; |
| c) | when for the special circumstances of the case, the advertising of the hearing could harm the interests of the justice or commit a secret protected by law. |
Against the decision of the court only the resource of reposition can be found.
ArtAculoA 136.A (Continuity).-
136.1 Every time a hearing is suspended, the date of its resumption shall be fixed at the event, unless justified.
136.2 If no specific deadline is set, the hearing should be set for the next possible date, in order to ensure the continuity of the process.
136.3 The failure to hold any of the hearings within the time limits provided for in this Code for reasons not attributable to the parties shall generate administrative responsibility of the intervener.
ArtAculoA 137.A (Direction).-The hearings will be directed by the court. It shall order the relevant readings, subject to the appropriate warnings, and shall moderate the discussion, preventing inadmissible, impertinent or inappropriate referrals, without thereby taking into account the free exercise of the criminal act and the right of defense.
ArtAculoA 138.A (Discipline and control).-The court should take part or office, all necessary measures to ensure the normal and continuous development of the hearings, as the preservation of its decorum and effectiveness, being specially empowered to:
| a) | order to remove from room who disturbs the audience development; |
| b) | prohibit the public and press the use of technical means of reproduction and filming, when this disturbs the regularity of the act. |
ArtAculoA 139.A (Documentation).-
139.1 The proceedings in the hearing will be documented in the course of the proceedings. In addition, the court will have the record of the action by using appropriate technical means.
139.2 The parties and the vActima may request what they understand relevant to ensure their fidelity, in this case being given to what the court resolves in the act. This decision will only be susceptible to the repository resource.
139.3 Mediating party agreement the court may provide that the copy of the registration that would have authorized the parties or the vActima to be incorporated into the record of the hearing as an official record.
ArtAculoA 140.A (evidentiary activity).-
140.1 The evidentiary activity in the criminal proceedings is regulated by the , the Treaties approved and ratified by our country, by this Code and by special laws.
140.2 Tests are supported at the request of the Ministry of the Public, the Defense and the VActima. The court will decide its admission and may reject unnecessary, inadmissible or inappropriate means of evidence.
140.3 The judgments handed down by the court on production, refusal and prosecution of the test shall be appealed with deferred effect.
ArtAculoA 141.A (Test Object).-The object of the test in criminal matter is:
| a) | the verification of the scenarios described in the law as configuring the offense charged; |
| b) | the investigation of the participation that the accused has had in the investigated facts; |
| c) | the concurrency of justification causes; |
| d) | the existence of aggravating or extenuating circumstances; |
| e) | the elements that allow for the best knowledge of the personality of the imputed and can have an impact on the individualization of the penalty. |
ArtAculoA 142.A (Procedural Certeza).-
142.1 Cannot be given a sentence of conviction, without it being in the process of being fully tested for the certainty of the crime and the responsibility of the accused.
142.2 In case of doubt, you should absolve the defendant.
ArtAculoA 143. (Test value).-The tests will be evaluated separately and in conjunction with the rules of healthy crAttica, except for legal text that expressly provides an appreciation rule. different.
The court shall specifically state the evidence or means of evidence which constitute the main basis for its decision.
ArtAculoA 144.A (Test media).-Are the means of proof expressly provided for in this CACODE and any other means not prohibited by the or the law, which may be used to apply the rules that discipline expressly provided for.
ArtAculoA 145.A (Test moved).-Tests produced in another process, whether national or foreign, even if you have not mediated comptroller of the parties, will be appreciated by the court according to its nature and circumstances. The parties may request additional or extensible measures which they consider to be the case.
ArtAculoA 146.A (Confession).-
146.1 The confessional consists in the admission by the imputed of the facts contrary to his interest.
146.2 In order for the confessional to have probative value it is necessary that the accused, assisted by his defender, has lent it freely to the court, and that in addition other elements of the conviction corroborate it.
ArtAculoA 147.A (Deber de testimonial).-The questioning of any person whose declaration is considered to be useful for the discovery of the truth about the facts under investigation will be available.
No one can refuse to testify, except for exceptions expressly provided by law.
ArtAculoA 148.A (Witness rights).-From the beginning of the criminal proceedings and until its completion, the full validity of the following rights shall be guaranteed to the witnesses called:
| a) | to receive a dignified and respectful treatment from the competent authorities; |
| b) | to be informed about the reason for their quote; |
| c) | to ask for protection for him and his family, in his people and his assets, if he considers it necessary. |
ArtAculoA 149. (Capacity).-Everyone can attest, without prejudice to the court's ability to appreciate the value of their testimony.
ArtAculoA 150.A (Exemptions to testimonial duty).-
150.1 PodrA shall refrain from testifying against the accused, provided that they are not complainants or survivors, the cónnyuge, even if they are separated, the relatives consanguAneos to the second degree, the like in the first degree, the concubines more uxorio, foster parents and children, guardians and curators, and pupils.
150.2 Before the declaration is initiated and under the sanction of nullity, the persons mentioned shall be informed of their ability to abstain. They may exercise such power even during their declaration, even when certain questions are answered.
ArtAculoA 151.A (Testimony).-You should refrain from declaring who should keep professional secrecy or keep confidential or confidential information.
151.1 Those bound by professional secrecy may not be required to declare what is known for the purposes of the exercise of their profession, except in cases where the law provides otherwise. However, these people will not be able to refuse to testify when they are released from the duty of secrecy for those entrusted to them.
151.2 Public officials, if they know of a classified information as reserved or confidential, shall not be obliged to declare unless the judge, at the request of a party, considers the information necessary. In this case, the court will require written information and may even cite the appropriate public officials as appropriate.
ArtAculoA 152.A (Citation).-
152.1 For the examination of witnesses, it will be fought in which the duty to appear and the sanction in which the case of non-compliance is made will be held.
152.2 In cases of urgency, they may be cited by any means, including verbal, leaving the record.
152.3 The witness may also present himself spongA, which will be recorded.
152.4 The witness's salary would not be discontoured from the time he was at the court's disposal. Upon request, a record of his or her appearance shall be issued.
ArtAculoA 153.A (Witnesses residing outside the place or abroad).-
153.1 If the witness does not reside in the place or near to where he or she must testify, it may be possible to commission the receipt of his statement by exhort or officio to the competent authority of his or her residence, provided that it is difficult or burdensome. concurrency. For such purposes, the appropriate means can be used.
153.2 However, if the gravity of the fact investigated and the importance of the testimony required it, the witness should appear to the hearing to be held.
153.3 If the witness is found abroad, it will proceed in accordance with the rules on international judicial cooperation.
ArtAculoA 154.A (Compression and arrest).-
154.1 If the witness does not appear without a justified cause, it will be conducted by the public force.
154.2 If the witness is not to appear, he shall refuse to testify, shall be placed at the disposal of the court responsible for the criminal liability which may be assigned to him.
154.3 When the witness has no domicile or when there is a well-founded fear that he or she will be hiding, absconding, or absent, the court may have his or her arrest on his own, on the sole purpose of securing his declaration. The duration of the measure cannot exceed twelve hours.
ArtAculoA 155.A (Testimony of senior authorities and members of the diplomatic corps).-
155.1 The President of the Republic, the Vice President, the Ministers and Deputy Secretaries of the Executive Branch, the National Senators and Representatives, the Ministers of the Supreme Court, the Court of Justice, and the Court of Justice are not obliged to appear. The Office of the Prosecutor General of the Armed Forces, the Attorney General of the Court and Attorney General of the National Security Council, the Attorney General of the United States, the Attorney General's Office. State in the Administrative Contentious, the Ministers of the Courts of Appeals, the Judges and the Letted Prosecutors. These people will give their statement to their choice, at their home or in their office. The act of the hearing will not be public.
155.2 Neither have any obligation to appear accredited or consular members of the diplomatic corps in Uruguay. These persons shall give their testimony in accordance with the rules of International Law.
ArtAculoA 156.A (Unpermitted Witness).-The person who cannot attend the court for being physically prevented, will be examined at his or her home or in the place where he is. In this case, as in the previous article, the parties must appear in the act and ask the relevant questions, under the judge's comptroller.
ArtAculoA 157.A (Incommunication).-Before declaring, witnesses will not be able to communicate with each other, or see, hear or be informed of what is happening in the hearing room. The court will decide whether to remain incommunicado in the lead up to declaring.
ArtAculoA 158.A (Rules for examining witnesses).-
158.1 Before the declaration begins, the judge will warn the witness of his duty to tell the truth and instruct him about the penalties with which the Criminal Code punishes the false testimony.
158.2 Each witness will be questioned about the following:
| a) | your name, last name, age, marital status, profession, or office and if you are a foreigner, in addition to the residence in the paAs; |
| b) | if you know the imputed and the other interested in the outcome of the process, if you have any of them kinship, friendship, enmity or relationships of any kind and if you have any order in the cause; |
| c) | about all other facts and circumstances that are conducive to finding out the truth with respect to the facts that are the object of the process; |
| d) | about all the circumstances that serve to appreciate your credibility and especially the reason for your sayings. |
158.3 The declaration of the witnesses shall be subject to the interrogations that have been carried out on the parties. These will be made in the first place by the party that has offered the respective test and then by the counterparty. Finally, the court may ask questions of clarification or extension to witnesses. At the request of either party, the court may authorize further questioning of witnesses who have already stated in the hearing.
158.4 The judge may reject any question that is deemed to be inconducive, unnecessary, dilatory, suggestive, harmful or tort for the witness, and to terminate the interrogation when he considers it to be the case.
The witness will not be able to read notes or notes unless authorized by the court.
ArtAculoA 159.A (Witness suspect for offense).-
159.1 If the declaration of a person cited as a witness shows evidence that the person is a suspect of crime, the due diligence shall be suspended and the status of the accused shall be applied to it.
159.2 The declaration as a witness of a person who then becomes considered as imputed shall not be used for his injury.
ArtAculoA 160.A (Witnesses under eighteen years of age).-
160.1 The questioning of witnesses under eighteen years of age will be conducted by the court on the basis of the questions presented by the prosecutor and the defense. The advice of a forensic or other specialised professional may be used. As a rule, they cannot be questioned directly by the parties.
160.2 For the purposes of contemplating your rights and giving your testimony in the process, you may adopt one or more of the following measures:
| a) | glass screens to hide the witness from the imputed or other elements that constitute a physical barrier with the same effect; |
| b) | testifying from a room adjacent to the court through a closed circuit of television or other technology with similar effect; |
| c) | private reception, excluding the public and the press from the courtroom; |
| d) | examination of the witness through a court-appointed intermediary, with the function of helping him understand the interrogation. This measure will be especially taken into account for children under 12 years of age; |
| e) | presence of an accompanying person as emotional support, while the witness bears witness. This can be any adult on whom he confAe, provided he is not a party, witness or other subject of the process. |
ArtAculoA 161.A (Witness that you do not know the language).-If the witness does not know how to understand the language of the language, the services of an object will be used.
ArtAculoA 162.A (Disabled Witnesses).-
| a) | Treatment of witnesses with intellectual or mental disabilities will apply to the rules foreseen in the preceding articles; |
| b) | the witness with audication and communication difficulties will be provided with a |
| c) | the witness who does not communicate through speech, will be provided with alternative communication systems; |
| d) | the non-seer witness who must subscribe to the act, will be read by the actuary or clerk of the court. |
ArtAculoA 163.A (Intimidated Witnesses).-
163.1 Where there is a serious danger to the person, liberty or property of the witness or his family members, the court may have one or more of the measures provided for in Article 160 of this Code.
163.2 You may also have the reservation of your identity, personal data and any other element that may be used for your identification, and you may use it for a number or any other key. Their filiatory data and any other circumstance which permits to identify it, shall be deposited in two closed and lacerated envelopes, on whose back only the cause and the holder of the intervener PAºblico shall be kept. One of the envelopes will be held by the court and the other. When this measure is established, it will also be prohibited to disclose in any way its identity or any other data that leads to it.
163.3 The declaration of the witnesses in the conditions provided for in the previous number, will be assessed by the judge with a particularly rigorous criterion, considering for its credibility the rest of the evidence and the circumstances that determined their protection.
ArtAculoA 164.A (vActima declaration).-
164.1 For the declaration of the vActima the same rules as prescribed for the declaration of witnesses are governed.
164.2 Treatment of sexual offences under eighteen years of age, persons with physical, mental or sensory disabilities, the filming of the expert interview carried out at the last stage of the investigation, may be incorporated as a testimonial proof, as soon as the procedural guarantees provided for in this Code have been complied with, without prejudice to the right of the parties to be subject to the relevant supplementary or extensible interrogations.
ArtAculoA 165.A (Filmed Testimony).-
165.1 In cases where it is considered appropriate by the characteristics of the testimony or by its particular circumstances, the film may be available, adding the support as an integral part of the event.
165.2 Likewise, the technical means will be adopted to preserve the genuineness of the film's support.
ArtAculoA 166.A (Source).-
166.1 It will be possible to order people who in their statements have disagreed about important facts or circumstances. The imputed will also be able to request it, but it cannot be forced to caret.
166.2 I shall not proceed with the carriage between the imputed and the witnesses referred to in the articles A 161 to 164 of this Code.
ArtAculoA 167.A (careo rules).-
167.1 The judge will refer to the statements of those who have been submitted to the letter and ask them if they confirm or modify them.
167.2 Act followed, the Ministry of the Public and the Defense could question the ones who were subjected to caret, exclusively on the points of contradiction that determined the origin of the diligence.
ArtAculoA 168. (Recognition).-Recognition is the act ordered by the court, by which a particular person or thing is examined or inspected by that person, or by persons whose report or testimony may be convenient for research.
ArtAculoA 169.A (Person Recognition).-
169.1 The recognition of persons by witnesses shall be made with the rules of the testimonial declaration and with the following requirements:
| a) | each witness will do so separately, previously describing the alluded to and expressing if it has previously been exhibited to it, having to do so from a place where it cannot be seen by that place; |
| b) | the alluded will choose place in the row of several like-looking people; |
| c) | the declarant dirA if in the row is the person referred to and the signal will show the differences it encounters with its previous perception. |
169.2 You may not have more than one imputed on a person row.
169.3 Of all the actions will be written and if possible, it will be registered through the use of technical means.
169.4 Should the act be witnessed by the defendant.
ArtAculoA 170.A (Recognition by Ima Genes).-When the recognition of persons cannot be performed under the conditions indicated in the previous article, it may be possible to use photogrA or fAlmic genes, observing the same rules as relevant.
ArtAculoA 171.A (Other acknowledgements).-When it is available to recognize voices, sounds, and how much sensory perception can be object, the rules that precede, as appropriate, will be observed.
Without prejudice to the use of the respective act, it may be possible to provide it with photographic evidence, video or other instruments or procedures.
ArtAculoA 172.A (Recognition of Things).-Before the recognition of a thing, the person who must be done is invited to describe it. The above provisions will be governed by the provisions.
ArtAculoA 173.A (Built-in).-
173.1 You can incorporate into the process any document that can serve as a means of testing. Whoever has it in his power is obliged to present it, display it or permit his knowledge, except for a waiver or legal prohibition or the need for prior judicial order.
173.2 During the investigation period, the prosecutor may request directly from the holder of the document his presentation, exhibition and in case of refusal, ask the court for the corresponding order of seizure.
173.3 Documents that contain statements are not likely to be brought to the process or used in any way, unless they constitute the body of the offence or come from the defendant.
173.4 Neither can be admitted as a means of proof nor be used in any way, the missives and other communications of the imputed with its defender and with persons covered by professional secrecy. This exception does not rule if such persons are also imputed, nor when those are means for the preparation, execution or cover-up of the offence.
ArtAculoA 174.A (Document recognition).-
174.1 When it is necessary, the document's recognition by its author or by whom it is identified shall be ordered by its voice, image, footprint, signal, or other means, as well as by the one who carried out the registration. They may also be called to recognize different people as witnesses.
174.2 PodrA to be used for the expert test when it is appropriate to establish the authenticity of the document.
ArtAculoA 175.A (Translation, transcription, and document display).-
175.1 Any document written in a language other than the Spanish language, should be translated by a public translator to be incorporated into the process.
175.2 When the document consists of a record, its transcription will be available in an act with the intervention of the parties.
175.3 When the document consists of a video, it will be ordered to be displayed and transcribed in a record, with the intervention of the parties.
ArtAculoA 176.A (Public instruments).-As regards the authenticity of the public documents and the faith that emanates from them, the provisions of civil law shall apply, except that the offence charged in the material or ideological falsehood of the same.
ArtAculoA 177.A (Reporting requirement).-Reports on data that are on official or private records will be required. The omission or delay in the response, the falsehood of the report or the concealment of data, will generate the corresponding responsibilities, without prejudice to the measures of inspection, revisiting or seizure that are necessary.
ArtAculoA 178.A (Source).-
178.1 The report of experts in the cases determined by the law and whenever to appreciate any fact or circumstance relevant to the cause, force necessary or appropriate special knowledge of scientific nature, Technical, artastic or qualified experience.
178.2 Reports should be impartially issued, in accordance with the principles of science or art rules or officio that I will profess the expert.
178.3 In the hearing, the experts should briefly state the content and conclusions of their report and continue to be authorized to be questioned by the parties. The interrogations shall be carried out first by the party that has offered the respective test and then by the counterparty.
178.4 Finally, the court may ask questions of the expert in order to clarify his or her sayings.
ArtAculoA 179.A (Remiasion).-The expert test shall be governed by the provisions of Book I, Title VI, Chapter III, Section V of the General Code of the Process, as appropriate.
ArtAculoA 180.A (Official Expert Update).-
180.1 The Ministry of Public Health may require the members of the Forensic Institute, of the CientAfic Polica and other specialized state agencies, as experts, to assist them in the research phase.
180.2 Also, if in the preparation of the case the defense will need the help of experts of the agencies mentioned in the preceding number, they will be able to ask the prosecutor or the court to take the procedural step, that it orders the action of these and eventually, present them as experts at the test hearing.
ArtAculoA 181.A (Perito Fees).-The designated experts at the request of the parties will have the right to charge fees unless they act as public officials in compliance with their function. If the design was made at the request of the Ministry of Public Health or Public Defense, the fees shall be the State's charge through the applicant's hierarchy.
ArtAculoA 182.A (Indication Concept).-
182.1 Indices are the things, states or personal or material facts, which have occurred or are in progress, apt to convince in some measure, about the truth of the statements or the existence of a fact that is the object of the process, they constitute a specifically intended test medium.
182.2 In order for the indicia to serve as a basis for a judicial resolution, it should be fully tested, be inequated and to link the starting point and the evidential conclusion without interruption.
ArtAculoA 183. (Judicial Inspection).-
183.1 It will be checked by the inspection of persons, places and things, traces, traces and other material effects that the event has left, describing them in detail and collecting or preserving as much as possible, which is effective evidentiary.
183.2 The court will describe the current state of the object of the inspection and as soon as possible, verify the pre-existing. In case of disappearance or alteration of traces or other effects, you will find out how, time and cause of them.
ArtAculoA 184.A (Imputed body exam).-
184.1 During the preliminary inquiry, the judge at the request of the parties may order the body examination of the imputed to establish significant facts of the investigation.
184.2 For this purpose, even without the consent of the accused, biological tests and mAnimas can be carried out, always carried out by specialized professionals. Diligence is conditional on the fact that a damage to the health of the accused is not subject to a foundation, for which, if necessary, it will be answered with a prior expert opinion.
184.3 If the bodily examination may offend the person's modesty, without prejudice to the examination by a legal person or other specialized professional, the presence of a person of his or her trust must be admitted, at the request of the person. No minutes of the outcome of the agreement.
ArtAculoA 185.A (Rebuilding the fact).-
185.1 The reconstruction of the event is intended to verify whether the crime was committed according to the declarations and the evidence that it has been completed, with the greatest possible reservation.
185.2 The diligence will be carried out under the direction of the court, till the summary minutes in which the realization of the same and its details are recorded.
185.3 You will not be obliged to the imputed to intervene in the reconstruction and when you participate, you will govern the rules foreseen for your declaration.
185.4 The court will take the measures of the case to ensure that the concurrency of the public and the means of information to the respective act, do not disturb the development of the diligence.
ArtAculoA 186.A (Witness and expert participation).-
186.1 Judicial inspection and the reconstruction of the event should preferably be carried out with the participation of witnesses and experts.
186.2 You will also have plans to raise plans or sketches of the site and take pictures, recordings or pellets of people or things that interest the cause.
ArtAculoA 187.A (Identification Of Rate).-
187.1 If you are aware of the occurrence of a presumed violent death, before proceeding to the burial of the cadA or immediately after your exhumation, you will be identified by all appropriate means.
187.2 The diligence should be directed by the prosecutor or whoever represents it with the intervention of the legal officer and the police personnel specialized in criminalAstica.
ArtAculoA 188.A (Autopsia and Recognition).-
188.1 In the cases of death in which the existence of a crime is suspected or whose cause is not determined, the recognition of the cadA and the autopsy may be practiced, and the exhumation may even be available.
188.2 The acting physician shall carefully describe the operation and report on the nature of the injuries, the origin and the cause of the death and its circumstances, if they could be determined, and should ensure that the integrity of the of the cad to be reset to the maximum.
188.3 You should also take all necessary steps to ensure the identification and preservation of objects and items that are extracted from the cadA.
188.4 The result of the recognition and the autopsy will be reported to the prosecutor, the relatives of the deceased person and the judge who was intervening.
ArtAculoA 189.A (Object).-
189.1 The record is intended to ascertain the status of persons, places, things, traces, or other material effects of utility for research. If possible, they will be carved out of their performance, and the material elements will be collected or preserved.
189.2 The administrative authority, by order of the prosecutor or by sA, giving immediate account to the person, may inspect or arrange for the registration of open places, things or persons, where there are sufficient grounds to consider that they will be found. traces of crime, or where the imputed or some person is found to be in place.
189.3 If the fact did not leave any traces or material effects or if these have disappeared or have been altered, the situation and its component elements shall be described, trying to also record the previous state, the mode, time and cause of their disappearance or alteration and the means of conviction from which that knowledge was obtained. In the same way, it will proceed when the requested person is not found at the site.
189.4 If possible, they will be raised in planes of signs, descriptive and photographic elements will be used and all other necessary or useful technical operations for the compliance of the diligence will be performed.
189.5 The administrative authority, by order of the prosecutor or by sA immediately giving an account to that authority, may provide that during the diligence of the registration the persons found in the place, or that they immediately appear any other, will not be absent. Those who disobey will be led by the public force.
189.6 The retention may only last for two hours, unless the judge will enable a longer term.
ArtAculoA 190.A (Person record).-
190.1 When there are reasonable grounds for considering that a person hides objects in his body, clothing, personal effects related to the crime, the administrative authority, by order of the prosecutor or by sA, giving immediate account to the person, You will register it. Prior to registration, the person is invited to display and deliver the searched object.
190.2 Registration shall be made per person of the same sex whenever possible respecting the dignity and the modesty of the registered person.
190.3 Registration can also include luggage and packages, as well as the vehicle used. It will be possible to sign the parties involved, who will be able to record the observations they make on the case.
ArtAculoA 191.A (Registration of places not intended for housing).-When there are reasonable grounds to consider that in a given building or closed place the imputed or some person evadida is hidden, or that find objects from criminal activity or relevant to the investigation, the prosecutor will request judicial authorization for the respective search and search.
ArtAculoA 192.A (Resolution content).-
192.1 The resolution of the competent authority shall contain the name of the authorised prosecutor, the date on which the due diligence shall be carried out, the specific purpose of the search and the precise design of the property to be raided and registered.
192.2 The registration shall be given prior notice to the person at whose office the premises, vehicle, vessel or aircraft are held, unless at the discretion of the court, this is detrimental to the effectiveness of the due diligence.
ArtAculoA 193.A (Register of places for worship).-For the search and registration of temples and closed places destined for any cult whose celebration is organized by institutions with personaA The notice shall be required of persons who are in direct and immediate charge, unless at the discretion of the judge, this is detrimental to the effectiveness of the diligence.
ArtAculoA 194.A (Special Records).-
194.1 The Ministry of Public Affairs will be able to request the court to register buildings for public bodies and their offices and ships and aircraft of the State.
Diligence will be effective with prior notice to the corresponding hierarchy, unless the judge's discretion is detrimental to the effectiveness of the measure.
194.2 For the registration of the Government House, the Legislative Palace, the headquarters of the Supreme Court, the Administrative Court, the Electoral Court, the Court of Auditors, the written authorization of the President of the Republic in his case or of the president of the party affected by the measure, except that at the discretion of the judge it is detrimental to the effectiveness of the diligence. In these cases, you will not be governed by the time constraints set forth in the article 195 of this Code.
194.3 With respect to the search and registration of offices and offices of foreign diplomatic or consular missions, international organizations and residences of its officials, as well as foreign warships and aircraft, apply the respective international treaties and conventions, as appropriate.
ArtAculoA 195.A (Search and Home Registration).-
195.1 The search and registration of the dwelling or its premises may only be carried out by order of the judge, issued at the request of the prosecutor, in the period between the departure and the sunset.
195.2 It is understood by dwelling or particular habitation, the place that is occupied in order to inhabit it, even if only on a transitory basis.
195.3 However, the registration may be made in the evening, when the head of household's express consent is immediately communicated to the prosecutor and the competent judge.
195.4 If the judge orders the break-in of a dwelling where no older persons are found or there is total absence of their inhabitants, the care will be carried out by the higher staff in charge of the service, giving the prior account to the competent prosecutor.
195.5 Police denunciation for domestic violence will be taken for all purposes as an express authorization for the search and registration of the dwelling within forty-eight hours after its presentation.
ArtAculoA 196.A (Development of Diligence).-
196.1 The search warrant will be notified to the morador or any older person at the site. The notified body shall be invited to witness the registration and if no one is found, this shall be recorded in the minutes. If the farm is closed and no one will respond to the calls of the authority, it will proceed to its opening by the intervention of the locksmith, with the help of the public force, in the presence of two witnesses hÀ biles; at the end of the registration, the place shall be duly closed, under the responsibility of the acting administrative hierarchy.
196.2 The diligence shall be detailed in minutes, which shall be signed by the person in charge or in charge of the place and may make any observations which he considers relevant. If this is not found, you may not be able to do so, you will be put on record, please give a copy of the minutes.
196.3 In the case of special registers, the diligence shall be followed by the official of the highest hierarchy who is at the place or with whom he is appointed.
ArtAculoA 197.A (Tax Request).-
197.1 When the owner or holder of any title refuses to surrender or exhibit a good that constitutes the body of the offence or is necessary for the clarification of the facts under investigation, the prosecutor shall request the judge to order his or her seizure or its forced display.
197.2 The administrative authority shall not require the authorization of the prosecutor or a court order in the case of an intervention in a flagrant or imminent danger of its perpetration, of whose execution it shall immediately count the prosecutor. When there is a danger due to the delay, the exhibition or the seizure should be available to the prosecutor, giving the account to the competent judge and being at the same time.
ArtAculoA 198.A (Resolution content).-
198.1 The decision of the court shall specify the name of the authorized prosecutor, the specific design of the property whose abduction, seizure or exhibition is ordered and the place in which the diligence is to take place.
198.2 If this is a kidnapping or seizure, the name of the depositary and the order to communicate to the public register shall be known if the object of the measure is immovable property or movable furniture.
ArtAculoA 199.A (Hijacking, seizure, or display).-
199.1 Obtained authorization for a diligence of kidnapping or displaying of movable property or of seizure of real estate, the prosecutor shall execute it immediately, with the aid of the public force if necessary.
199.2 The goods being hijacked or seized shall be recorded and duly individualized, leaving the record of the depositary to be taken. In the case of immovable property or movable furniture, the measure shall be entered in the relevant public register.
199.3 The act shall be signed by the interveners in the diligence, being of application as established in the article 196.2 of this Code.
ArtAculoA 200.A (Devolution of seized goods and delivery of subtracons).-
200.1 The prosecutor or administrative authority with the authorization of the court may return the seized items to the vActima or third parties. They may also return them to the accused if they have no relation to the crime.
The return may be ordered provisionally and in the form of a deposit, with the information of all the interested parties that result from the antecedents, and their exhibition may be available when necessary.
200.2 The assets subtracted from the vActima will be delivered to it.
ArtAculoA 201.A (Final delivery).-Once the criminal case has been completed, if within thirty days of the notice the person concerned is not deducted pretenses in civil seat on the things delivered provisionally, such delivery will become final.
ArtAculoA 202.A (Unclaimed assets).-
202.1 After an execution of the final judgment or other form of conclusion of the cause or file of the preliminary investigation, the court may have the remate of the seized or seized assets that would not have been been claimed or whose respective claims would have been dismissed by executing judgment.
202.2 The product of the auction will be in the order of the court and the interested parties will be able to assert their rights on that sum, as long as the respective expiration does not occur.
ArtAculoA 203.A (Document fire).-
203.1 Public and private documents may be subject to forced display or seizure.
203.2 Whoever has in his possession the required documents is obliged to display them immediately or to deliver them immediately to the prosecutor, even his original, unless he invokes cause legAtima not to do so, in which case the resolution of the court.
ArtAculoA 204.A (Copy of seized documents).-
204.1 The prosecutor must return the seized documents by keeping a copy of the documents, unless those documents are indispensable for the investigation, in which case it will be issued if the interested party so requests.
204.2 You must be given a copy of the minutes made to the person or office in which the seizure was made.
ArtAculoA 205.A (Authorization).-
205.1 The Ministry of Public Health will request the competent court to intercept, seize and further open or register any correspondence, postal, electronic mail or similar, addressed to the person or sent by it under the assumed name, or those that are attributable to you for any reason.
205.2 The communications between the defendant and his/her defender shall be excluded from the authorization provided for in this article.
205.3 Treatment of third parties, the same measures may be imposed provided that the judge has serious grounds to assume that of the aforementioned communications, the evidence of participation in a crime can be proved.
205.4 In all cases provided for in this article, the corresponding record shall be worked.
ArtAculoA 206.A (Execution).-
206.1 Recabada the authorization, the prosecutor will immediately take care of interception and seizure.
206.2 The prosecutor will examine the content of the communication and if you have a relationship with the investigation, you will have your seizure giving the court account.
ArtAculoA 207.A (Required of the required person).-Who has in his or her power the required correspondence is required to immediately deliver it to the prosecutor, unless it invokes legAtima to not do so, in which Case will be at the decision of the court.
ArtAculo 208.A (Intervening, recording, or recording telephoto communications or other forms of communication).-
208.1 When there are sufficient elements of conviction to consider that a punishable act has been committed or could be committed, the prosecutor may request the judge to intervene and record telephonic, radio or other communications. forms of communication. The court shall immediately decide by way of a reserved limit, taking into account those collected which justify the tax requirement.
The resolution must necessarily be founded, and must expressly ponder the necessity and proportionality of the measure, with regard to the restriction to the exercise of the limited right, under the penalty of nullity.
208.2 The court order can be directed against third parties in the same terms as the provisions of this Code 205.3.
208.3 The communications between the defendant and his human rights defender cannot be intercepted unless the court orders him to establish that the lawyer may have criminal responsibility for the facts under investigation. This will be recorded in the respective resolution.
208.4 The judicial resolution that has the interception should indicate the name of the affected by the measure and if possible, the telephone line or other means of communication to intervene, record or register. It will also indicate the form, scope and duration of the measure, which cannot exceed a maximum of six months, as well as the authority or official who will take care of the care.
208.5 The measure will cease immediately if the elements of the conviction taken into account to order it disappear or the period of its duration has elapsed.
The intercepted, recorded or recorded material that is not incorporated into the investigation will be destroyed, unless otherwise justified by legal order, which will have to be kept in file until the maximum duration of the investigation. investigation.
ArtAculoA 209.A (Registry of telephone communications intervention or other forms of communication).-
209.1 The intervention of telephonic, radio or other communication forms in which the previous article deals, will be recorded by means of its magnetic recording or other technical means to ensure fidelity. of the record.
209.2 The prosecutor will have the record of the record, no damage to the original record, without prejudice to the original record.
ArtAculoA 210.A (Budget and Execution).-
210.1 The prosecutor with news to the judge and without knowledge of the affected, can order:
| a) | performing photogrA takes and recording of ima genes; |
| b) | use other special means in open places exposed to the public. |
210.2 Judicial authorization shall be required when such activities are carried out within buildings or enclosed places.
ArtAculoA 211.A (Banking Secret Uprising).-
211.1 The prosecutor may ask the court and the court, by way of resolution, may order the lifting of the banking secrecy, in the terms provided for in Article 25 of the Decree-Law No 15.322, dated 17 September 1982.
211.2 Tambientas can arrange for the seizure of documents, securities, sums deposited and any other economic or financial asset and even the blocking and immobilization of the accounts.
211.3 Disposal of the seizure, the prosecutor will observe the procedure to be read in the articles A 203 and 204 of this Code.
ArtAculoA 212.A (Tax Reserve Uprising).-
212.1 The prosecutor may request the court and the court may raise the tax reserve and require the tax administration to show or send information, documents and statements of tax that it has in its possession. where this is necessary and relevant for the clarification of the fact under investigation.
212.2 The tax administration should display or refer to the information, documents or statements ordered by the judge.
ArtAculoA 213.A (Early test assumptions).-The prosecutor, the advocate and the vActima or their family members may, in their case, request the testing of the evidence in advance in the following cases:
| a) | witness statement and expert report, when there is a well-founded reason to consider that they cannot be formulated in the hearings of the disease process or other serious impairment, or when they have been exposed to violence, threat, offers or promises of money or other utility so that they do not declare or falsely claim it; |
| b) | declaring witnesses, when there is a probability that the wait for the process audiences to wait, causes them severe injury or serious risk to the quality of the testimonial test; |
| c) | acknowledgments, inspections or reconstructions, which by their nature and characteristics must be considered as definitive acts and irreproducible; |
| d) | the prosecution of any evidentiary means, when the course of time may frustrate its performance or impair its effectiveness. |
ArtAculoA 214.A (Procedure).-
214.1 The party requesting the advance testing procedure should specify its purpose and the reasons for its importance for the process. It shall also indicate the name of the persons to intervene in the act and the circumstances of their provenance.
214.2 The limit will be available with quote from the opposing party, unless such communication can frustrate the purpose and effectiveness of the measure.
In this last case, once the test is completed, the test will be given knowledge of the action to the counterpart, who will have the opportunity to complete it or to present a counter-test at the appropriate procedural stage.
214.3 Early testing shall be completed in accordance with the rules referred to in the relevant evidentiary means.
ArtAculoA 215.A (Impugnability).-
215.1 The party against whom the measure is asked may object to the measure or request its modification or extension within the time of the quote.
215.2 The resolution that denies the measure will be susceptible to the resources of repositioning and appeal on subsidy.
215.3 Fulfilled the measure and notified, if it has been made without news, the aggrieved may appeal in accordance with the provisions of this Code.
ArtAculoA 216.A (Principle).-It is the judgment of the court to adopt the precautionary measures regulated in this Title when it is required in form.
ArtAculoA 217.A (State of Innocence).-In any case, the defendant shall be treated as innocent until the sentence of the sentence of execution has been handed down. The preventive order will be fulfilled in such a way that in no case can you acquire the characters of a penalty.
ArtAculoA 218.A (General Principle).-No one can be deprived of their physical or limited freedom in their enjoyment but in accordance with the provisions of constitutional and legal norms.
ArtAculoA 219.A (Criminal Flagrancy).-It is considered that there is criminal flagrancy in the following cases when:
| a) | a person is caught in the act of committing a crime; |
| b) | immediately after the commission of the offence, a person is caught in the act of fleeing or hiding or in any another situation or state that strongly prepositions your participation and at the same time, is designated by the person offended or injured or by witnesses in person, as part of the criminal act; |
| c) | in immediate time to the commission of the offence a person is found with effects and objects coming from him, with the weapons or instruments suitable for committing without providing sufficient explanations on their tenure, or will present traces or signs that make it firmly presume that they have just participated in a crime. |
ArtAculoA 220.A (Crime detail).-The person caught in the criminal case should be detained even without a warrant.
In the same circumstances, any particular person may proceed to the detention and immediately surrender the detainee to the authority.
In such cases it shall immediately be given to the Ministry of Public Health, which shall put the person in custody at the disposal of the competent court, taking the appropriate measures or requesting their adoption, where appropriate, to the latter.
ArtAculoA 221.A (Limitative or Custodial Measures).-
221.1 The prosecutor may request the judge in any state of the proceedings and in order to ensure the appearance of the defendant, his or her integrity or that of the vActima, or to avoid the obstruction of the investigation, the imposition of any of the measures that are indicated below:
| a) | the duty to fix home and not modify it without immediate knowledge of the court; |
| b) | the obligation to submit to the care or surveillance of a particular person or institution, under the conditions that set; |
| c) | the obligation to report to the judge or to the authority that he designates; |
| d) | the prohibitive exit without prior authorization of the territorial A to be determined; |
| e) | the retention of travel documents; |
| f) | the prohibition of attending certain sites, visiting or alternating in certain places or communicating with certain sites persons, provided that the right of defence is not affected; |
| g) | immediate withdrawal of the address, when dealing with domestic violence and the vActima conviva with the imputed; |
| h) | the lending by sA or by a third party of a proper economic content and proportional to the severity of the offense which is being investigated and the economic condition of the imputed; |
| i) | arrest at his or her own home or other person's home, unguarded or with which the judge has; |
| j) | the surveillance of the imputed, by means of an electronic tracking device or its fAsica; location |
| k) | the prohibition of leaving the address or residence for certain days or times, in such a way as not to prejudice the compliance with their ordinary obligations; |
| l) | any other measure alternative to preventive action, under the conditions laid down in law; |
| m) | the preventive priority, in case the previously described limiting measures are not sufficient to secure the purposes indicated above. |
221.2 The enforcement measures set forth in this article may be supplemented by precautionary measures with respect to the goods of the imputed or third parties, dictated by the judge at the request of the party.
ArtAculoA 222.A (Limitative measures during the preliminary investigation).-Also, from the beginning of the preliminary investigation the court at the request of the PAºblico Ministry will only be able to have the measures referred to in (a), (d), (e) and (f) of the preceding article in order to ensure the outcome of the investigation, by the time the court holds.
ArtAculoA 223.A (Provenance of the preventive prison).-Everyone has the right to personal freedom and individual security. In no case will the preventive prison be of mandatory application.
ArtAculoA 224.A (Requirements to dispose of the preventive action).-Initiate the process and at the request of the Ministry of Public Health, the court may decree the preventive request of the accused if there are elements of Sufficient evidence to presume that it will attempt to escape, hide or hinder in any way the investigation, or that the measure is necessary for the security of the vActima or of the society.
ArtAculoA 225.A (Investigation).-It will be understood that preventive action is indispensable for the success of the investigation when there is a serious and well-founded suspicion that the imputed can be hindered by destruction, modification, concealment or falsification of evidence, or where there is a pressure to induce co-defendants, witnesses, experts or third parties, to declare falsely or behave in a disloyal or reticent manner.
ArtAculoA 226.A (leak hazard).-To determine the existence of leakage hazard, the following guidelines are included in the following:
| a) | rootlessness determined by the lack of domicile or habitual residence seat of your home, your business or your job; |
| b) | dispositioning extraordinary facilities to leave the paAs; |
| c) | circumstances, nature of the fact, and severity of the offense; |
| d) | hiding information about your identity or address, or falsely providing them. |
ArtAculoA 227.A (Risk for the security of the vActima or society).-
227.1 It will be understood that the security of the vActima is at risk when there are reasonable grounds to infer that the accused can attack it, his family or his assets.
227.2 It will be understood that there is a risk to society when the accused possesses the quality of reiteration or reincident, or when it comes to crimes of genocide, of humanity or of war.
ArtAculoA 228.A (Elements of special relevance).-
228.1 To decide on the imposition or in your case the replacement or the cessation of the preventive prison, the judge will assign special relevance to the following elements of judgment:
| a) | need to attend to the imputed family or special circumstances that would make their international intervention clearly detrimental immediate in prison; |
| b) | imputed in the state of pregnancy from the fifth month of pregnancy or mothers who are breastfeeding during the first year of pregnancy. breastfeeding; |
| c) | affected by a disease that carries serious risk to your life or health, extreme that should be credited by the matching expert report; |
| d) | charged over seventy years when this does not involve risks considering the circumstances of the offense committed. |
228.2 The judge shall order the provisional intervention of the accused in an appropriate care setting when he is credited for a report that suffers a serious alteration of his mental faculties that carry a serious risk for his or her life or health
ArtAculoA 229.A (Forbidden to apply for preventive action).-
229.1 The prosecutor will not request the preventive action when:
| a) | this is a procedure for faults; |
| b) | the offense charged is punishable only by pecuniary penalty or disablement; |
| c) | consider that you will request alternative penalty to the freedom of liberty. |
229.2 Without prejudice to this, the imputed shall remain on the place of the trial until its completion, be presented to the acts of procedure for which it is cited and enable the effective fulfilment of the sentence to be borne.
ArtAculoA 230.A (Request limit of the application).-The request for preventive action should be made by the prosecutor in or out of the audience and will be processed in accordance with the provisions of this Code.
ArtAculoA 231.A (Controller of preventive action compliance).-
231.1 The court that imposed the preventive action will be competent to monitor the execution of the measure.
231.2 The Letrated Judges of First Instance of Execution and Surveillance, as long as in the performance of their duties they warn the violation of the human rights of the accused, will put the facts in the knowledge of the competent judge.
ArtAculoA 232.A (Conditions of compliance with the precautionary measure).-The preventive action will be executed in special establishments, separated from those places of confinement where the condemned with executed statement. The competent authority shall have what is necessary for effective compliance with the legal design.
ArtAculoA 233.A (Revocation or replacement).-In any state of the process and before the execution conviction is placed, the judge at the request of the party may have the revocation or replacement of the preventive prison, as long as the budgets on which its imposition has been founded have disappeared.
In the situations provided by the Law No 17,514, of 2 July 2002, said resolution should be notified to the last one, and protection measures must be available whenever there is a basis for its application.
The procedure will be set to the items 284 and 285 of this CAUSE.
ArtAculoA 234.A (Incompliance with freedom-limiting measures).-
234.1 PodrA must be placed on a preventive basis when he has failed to comply with any of the measures limiting the ambulatory freedom provided for in Article 221 of this Code.
234.2 In this case, the prosecutor may ask for the imposition of preventive prior to be dealt with in accordance with the procedure laid down in Articles 284 and 285 of this Code.
ArtAculoA 235.A (temporary LAmite).-
235.1 CesarA preventive action when:
| a) | the imputed has served in preventive prison the penalty requested by the prosecutor; |
| b) | the imputed has exhausted in preventive prison a time equal to that of the sentence imposed by sentence of conviction, no executed; |
| c) | the imputed has suffered in preventive time a time that, if there was an executed conviction, allowed it to start the limit of early freedom; |
| d) | more than two years have elapsed since the effective moment of the freedom of liberty and no less than acoustically; |
| e) | at the end of the process with a sentence of executed conviction and begin to fulfill the custodial sentence. |
235.2 To resolve these issues, the limit will be followed by the incidental.
ArtAculoA 236.A (From the rubes).-The release will be granted under oath, personal or actual.
By agreeing, the judge will be able to impose on the defendant all or some of the following obligations:
| a) | fix home, which cannot change without the judge or court knowing in the cause; |
| b) | do not go to certain places; |
| c) | present to the authority the dAas that it determines; |
| d) | staying at your home for a given time. |
The resolution imposing these restrictions does not cause status. The judge may set a time limit for your duration and at any time extend them, decrease them or leave them without effect.
ArtAculoA 237.A (Finality of the Cautions).-The rubes are intended to ensure that the imputed meets the duties imposed by the judge.
ArtAculoA 238.A (Determination of the rubes).-To determine the quality and amount of the flow, account will be taken of the nature of the crime, the economic condition and the history of the accused, the the nature of the damage caused and the approximate amount of civil repairs that may correspond. The judge will make the judgment so that it constitutes an effective motive for the defendant to refrain from infringing duties imposed.
ArtAculoA 239.A (oath of office).-The oath of office shall consist of the promise of the imputed to faithfully comply with the conditions imposed by the judge and shall proceed when:
| a) | be presumed to benefit from the conditional suspension of the penalty; |
| b) | the imputed means of providing or constituting another type of flow. |
ArtAculoA 240.A (Actual caution).-The actual flow shall consist in the affections of certain goods, furniture or buildings, which in garantAa of the sum fixed by the judge, is made by the same or by another person.
It may be in the form of a deposit of money or other listed securities, granting a mortgage or pledge, or any other form of guarantee that is effective and sufficient at the discretion of the judge.
ArtAculoA 241.A (Personal Caution).-
241.1 The personal caution consists in the obligation which, together with the imputed, assume one or more solidary fiors, to pay the sum that the judge establishes according to the criteria laid down in the preceding article.
241.2 It may be a guarantor who has the capacity to hire and be, in addition, a person of notorious honesty and economic solvency that will be checked by exhibition of titles or other sufficient documentary evidence.
The judge will appreciate the existence of all these requirements.
ArtAculoA 242.A (Form of the rubes).-Cations will be granted before freedom is ordered, in acta subscribed to the actuary or secretary in his case.
In the case of the provisions of the Article 240 of this Code as appropriate, the minutes shall be worked out by the actuary in the presence of the judge, or by the Registrar in the presence of the president of the respective court, having his or her registration in the corresponding register, which will suffice with the simple testimony of the act of caution.
ArtAculoA 243.A (Home fix and notifications).-
243.1 In the act of lending the imputed, the guarantor and any other grantor of the same, you must establish domicile within the radius of the court for the subsequent citations and notifications.
243.2 If the imputed is not able to establish an address within the radius of the courthouse, it shall be held by its defender.
The citations and notifications to be made to the defendant will also be made to the cautioning when they are related to the obligations of the person.
ArtAculoA 244.A (Cese of freedom under caution).-
244.1 The rubes will be effective if the imputed does not appear to be done during the process.
244.2 In such a case and without prejudice to the release of an order against the defendant, the judge shall set a time limit of not more than twenty days for him to appear or justify his incomparence, under the warning of effective action, notifying the resolution in the homes constituted by the imputed and the cautioning.
244.3 Due to the deadline without the imputed having appeared or justified force majeure, the judge will decide by which to declare without effect the provisional freedom and order the execution of the course.
ArtAculoA 245.A (Captions Effectiveness).-
245.1 The rubberswill be effective using the procedure of execution in the aaward of the AprizeA in the artAculosA 377 and following from the General Code of the Process. The Attorney-General of Customs and Finance will act as the executor and the civil jurisdiction will be competent.
245.2 The produced will be assigned to the Judicial Branch in quality of resources of free disposal to solve expenses in the strengthening of the judicial offices in criminal matters.
ArtAculoA 246.A (Cancellation of the Cautions).-The caution will be cancelled and the garantAas will be rolled back when:
| a) | revoked the release, the imputed is subject to prior; |
| b) | is cleared in cause or imputed to imputed; |
| c) | recayese pronouncement by granting the sentenced probation. |
ArtAculoA 247.A (Substitute of the cautioning).-If the cautioning for founded reasons cannot continue as such, it may ask the judge to replace it with another person who is present and offers garantAas.
If the judge considers the cause and the proposed person acceptable, the replacement will be available.
The replacement accepted by the judge frees the precedent only for the future.
ArtAculoA 248.A (Authorization to exit paAs).-The interim release may be authorized to leave the paAs, with knowledge of cause and provided the following requirements are met:
| a) | that the caution be real or personal. |
| b) | that in principle, the presence of the imputed to the effects of the inquiry is not required; |
| c) | that the authorization is granted for a prudential lapse, determined by the judge in the respective resolution. |
In case of failure to return to the paAs, the judge will apply the provisions of the articles A 245 and 246 of this Code.
ArtAculoA 249.A (TA©rmino of the preventive prision by absolute or overment).-
The court should arrange for the cessation of the preventive detention when it dictates an absolute judgment or decree the dismissal, even if those resolutions are not enforceable.
In such a case, it may be possible to impose in replacement of the preventive measures some of the substitute measures provided for in the article 221 of this Code, when these are considered necessary to ensure the presence of the imputed in the process.
ArtAculoA 250.A (Measures on imputed goods).-
250.1 The judge may order a request from the PAºblico Ministry, the vActima, or those for whom it appears to share the precautionary measures on the property of the defendant that he considers indispensable to protect the rights of the victims, always there is danger of your injury or frustration.
250.2 Tambiiñas may decree such measures on goods from the civilly responsible third party, on the basis of summary justification of the article.
250.3 The existence of the right and the danger will be justified summarily.
250.4 The judge shall determine the extent of the measure and shall require the prior guarantee to be made by real or personal guarantee, unless there is a well-founded reason to exempt the petitioner from the measure, or in the case of the State or other legal person. Public.
250.5 These measures will be adjusted in terms of their object and limitations, to the principles established in the General Code of the Process and special laws.
ArtAculoA 251.A (Exceptions).-The measures provided for in the preceding article may not be ordered against the State or against legal persons in public law.
ArtAculoA 252.A (Jurisdiction to continue understanding for precautionary measures).-
252.1 When the precautionary measures would have been arranged at the request of the vActima, this should prove that it started civil action within the sixty days of having been effective the precautionary measures and the civil jurisdiction will be the only one competent to continue to understand in their respect.
252.2 If the vActima does not comply with the above, the affected by the measures may request their lifting before the judge who ordered them, who will resolve it with the contrary.
252.3 When the precautionary measures would have been arranged at the request of the fiscalAa, it will follow the court that ordered them until the completion of the process.
ArtAculoA 253.A (Resources).-When the resolution orders the requested or similar measure, the same will be appealable without suspensory effect.
ArtAculoA 254.A (Compliance with the measures).-The precautionary measures will be met immediately after they have been decreed and will be notified to the party to whom they are harmed, once they have been fulfilled.
ArtAculoA 255. -A Knowledge process comprises the first and second instance and the case resource.
ArtAculoA 256.A (Start Formas).-
256.1 The investigation of a suspected criminal act should be initiated:
| a) | when there is criminal flagrancy; |
| b) | per complaint or instance, formulated according to the forecasts of this CAEdig; |
| c) | at the initiative of the Ministry of Public Health, when you have been aware of the fact by any means. |
256.2 When the prosecutor takes cognizance of an allegedly criminal act, you should have the appropriate measures for the investigation of the truth, in accordance with the provisions of this Code.
ArtAculoA 257.A (The complaint).-Any person may bring to the attention of the Ministry of Public Health the commission of an alleged criminal act. The complaint shall also be made to the competent administrative authority or to any court with criminal jurisdiction, which shall immediately refer it to the Ministry of Public Health.
ArtAculoA 258.A (Form and content of the complaint).-
258.1 The complaint may be made in written or verbal form and shall contain the identification of the complainant, his address, the circumstantial narrative of the event, the indication of the person or persons involved in the case and in his case who have witnessed it or have news of it.
258.2 The written complaint should be signed by the ticket to the official who receives it, who, if the complainant demands it, will issue it to you. When I don't know or I can't sign you will do it another person to your request.
258.3 In the case of a verbal complaint, the acting official shall leave it in writing, which shall be signed by the complainant and by the official himself. If the complainant does not know or cannot sign it, a third party to your request.
ArtAculoA 259.A (Reservation of investigation actions).-
259.1 The activity carried out in the preliminary inquiry to gather evidence to enable the subsequent initiation of the process will not be integrated in any case to the latter, except where it has been arranged with the intervention of the court.
259.2 The preliminary investigations carried out by the Ministry of Public Health and the administrative authority shall be reserved for third parties outside the proceedings. The defendant and his/her advocate, as well as the vActima, may examine the records and documents of the tax investigation.
259.3 However, the prosecutor may provide that certain actions, records or documents remain in reserve with respect to the person, his or her defender and other interveners, as long as he considers it necessary to ensure the effectiveness of the research. In this case, you must identify the respective pieces or actions, and you can set a period of up to forty days for the maintenance of the reservation, prior to judicial authorization. Such a period may be extended by the judge by means of a petition founded by the Ministry of Public Health for a maximum of six months.
259.4 The defendant and his/her human rights defender may ask the judge to terminate the reservation or to limit the extent of the reservation, to the pieces or actions included in the reservation or to the persons to whom it will be affected.
259.5 The reservation for the defendant and his/her defender regarding his/her declaration, the reports provided by experts concerning his/her person, or any other action in which he or his/her defender was involved, cannot be decreed.
259.6 The officials who have participated in the investigation and the other persons who for any reason have been aware of the actions, will be obliged to keep secret.
ArtAculoA 260.A (Request for Diligence).-During the investigation, the defendant, his or her defender and the vActima may request the prosecutor to take all necessary steps to consider relevant and clarification of the facts investigated. The prosecutor shall order those he considers to be conducive.
ArtAculoA 261.A (People cited by the prosecutor).-If in the development of the investigation the prosecutor requires the appearance of a person, they can be quoted by any means. If the said person does not appear, the prosecutor may ask the judge to order him to appear and even to have his or her compulsory conduct if necessary.
ArtAculoA 262.A (Formas of appearance of the imputed to the prosecutor).-
262.1 During the preliminary investigation, the defendant must appear before the prosecutor when the prosecutor has so.
262.2 If you do not appear voluntarily, the prosecutor may ask the judge to order your conduct.
262.3 When the accused is deprived of his or her freedom, the prosecutor will ask the judge for his conduct, as long as this is necessary for the purposes of the investigation.
ArtAculoA 263.A (Appearance of the imputed).-
263.1 When the defendant appears before the prosecutor, he should be assisted by a human rights defender. If it is your first statement, before starting the interrogation, the prosecutor will inform you in detail of the alleged criminal act attributed to you, the results of the investigation against you and your right not to testify.
263.2 The defendant cannot refuse to provide his or her identity, and must answer the questions that are put to him, registering all the actions.
ArtAculoA 264.A (Record of the performances).-The Ministry of Public Health should record the actions that it performs, using any means to guarantee fidelity and integrity of the information, as well as the access to the same of the accused, their defender and the vActima.
The constancy of each action should be recorded at least, the indication of the date, time and place of the performance, of the officials and other people involved, as well as a brief statement of their results.
ArtAculoA 265.A (Maximum duration of the preliminary investigation when the imputed is not private of freedom).-Preliminary investigation may not extend for a longer period of time from its inception, when the imputed shall not be deprived of liberty. In duly justified exceptional cases, the prosecutor may request the judge to extend the time limit for up to one year.
ArtAculoA 266.A (Research formalization).-
266.1 The preliminary inquiry has been concluded, if it turns out that a crime has been committed and that the alleged perpetrators, co-authors or co-authors are identified, the prosecutor should formalize the investigation by asking the competent judge to call for preliminary hearing.
The above will be understood without prejudice to the article 100 of this Code (principle of opportunity).
266.2 The application shall be made in writing, except in the case provided for in Article 266.4 of this Code, and shall contain in a clear and precise manner:
| a) | the individualization of the imputed and its defender, if it had been designated during the preliminary inquiry; |
| b) | the circumstantial relationship of the facts and the participation attributed to the imputed; |
| c) | the legal rules applicable to the case; |
| d) | the test media to use; |
| e) | the precautionary measures that the prosecutor understands relevant; |
| f) | the request; |
| g) | signing the prosecutor or a representative authorized by the FiscalAa. |
266.3 A request to formalize the investigation that does not conform to the preceding provisions, the judge will order that the defects be remedied within the time period, under the warning of having it not presented.
266.4 If the defendant is detained for the fact that it is decided to formalize the investigation, the request for a hearing should be made immediately, even verbally, and the hearing should be held within the the twenty-four hours after that date, in accordance with the .
ArtAculoA 267.A (Effects of the investigation formalization request).-The request to formalize the investigation will suspend the course of the prescription of the criminal action.
ArtAculoA 268.A (Preliminary Hearing).-
268.1 In accordance with the provisions of Article 134 of this Code, the preliminary hearing shall be presided over by the court and shall be brought by the prosecutor and the defendant assisted by his/her human rights defender.
268.2 If the defendant has not designated a human rights defender, the court will intimate him to do so before the hearing begins, under the warning of having the public defender appointed by the appropriate time.
268.3 The Latest Will Be Quoted. Your attendance and participation will be optional, but to participate you should have legal assistance.
When the vActima is summoned to testify as a witness by any of the parties, you must appear, being in accordance with the article 164 of this Code.
ArtAculoA 269.A (Preliminary hearing development).-
269.1 The judge will question the defendant on his or her identifying data as provided for in this section's article 66.1, and will inform you in detail of the alleged criminal act attributed to him, to inform him about the right to exercise their defense and the right not to declare.
269.2 The judge will continue to give the word to the prosecutor, who will expose the reasons why he requested the training of the investigation. The prosecutor will report the alleged criminal acts, express the participation that in them attributes to the accused, propose the legal qualification of the same ones that it considers appropriate with indication of the applicable legal norms, will offer the means of proof to be used and shall request the court to take the precautionary measures which it considers necessary, where appropriate. If the evidence collected is sufficient, the prosecutor may also request that the extraordinary process be followed.
269.3 A continuation of the judge will give the word to the vActima, if it will participate of the hearing, so that through the lawyer who attends it to the facts, formulate its legal qualification with indication of the legal norms applicable, provide evidence that the prosecutor has not offered and request the precautionary measures of patrimonial content that it considers relevant. The intervention of the vActima will be optional.
269.4 Then the accused was directly questioned by the prosecutor and the human rights defender in that order. At all times, the judge will be able to ask the clarification or extension questions that you consider necessary, and to give course to the questions of the same nature that the prosecutor and the human rights defender intend to ask.
269.5 After the declaration of the defendant, the word will be given to your defender to make the download, offer the means of proof that you deem necessary and answer the tax order or the vActima of precautionary measures, if any. If the prosecutor has requested the processing of the process by the extraordinary vAa, the defense will also speak about it.
269.6 OAdas parties the judge will immediately resolve the following issues:
| a) | the admission of the investigation tax request for the investigation. The training of the investigation will be the subject of the imputed to the process and, when it occurs because it may be the penalty of penitentiary, will have the effect foreseen in the ; |
| b) | the procedural vAa to follow, in case the prosecutor has requested to follow the extraordinary one. If the defense had opposed the request, the judge would resolve the issue by taking the opportunity to issue the test quickly; |
| c) | the formal obstacles to the development of the debate, have already been seen by the parties or on their own initiative; |
| d) | the order for precautionary measures that the prosecutor or the vActima has made in accordance with the literature (e) of the article 81.2 of this CACODE. |
| A If the imputed will be stopped by the facts of the cause, the judge will have to dictate this resolution within forty-four years. Eight hours after the detention, in accordance with the . |
269.7 If the judge has the preventive right of the defendant, in the same resolution he will decline jurisdiction to before the Court of First Instance in the Criminal that corresponds to the same. The judge who takes the knowledge of the case must comply with the activities of the preliminary hearing pending in the following numeral of this article, the effects of which shall be brought to the hearing within 10 days. hA biles from the reception of the case.
269.8 A continuation of the judge shall be given on the proposed evidentiary means, rejecting those which are inadmissible, unnecessary or inconducive and shall proceed to the prosecution of the test.
270.1 If the test could not have been fully completed at the preliminary hearing, the parties and the vActima that would have appeared in the preliminary hearing would be cited for a further hearing in the short time. possible, which will be celebrated with the requirements set out in the articles A 134 to 139 of this code.
270.2 This hearing may be extended ex officio or at the request of a party, if it is not necessary to carry out any evidence to be fulfilled outside the hearing, provided that the court considers it indispensable, in which case the media shall be deemed indispensable. necessary for you to be diligent on the date set for the resumption of the hearing.
270.3 The parties may propose, up to the deduction of the charge, probative measures that could not be offered in a timely manner, because they are clearly overlieutenants or referred to new facts, crediting the reasons and the need for the " The court will resolve in accordance with the article 269.8 of this Code.
270.4 Concluded the receipt of evidence, the court will transfer successively to the Ministry of Public Health to deduce the charge or request the dismissal of the accused and the defense to answer.
270.5 If the complexity of the case warrants it, the prosecutor may request the hearing to deduct charges for a maximum of ten days. Just as much it can be requested by the defense for its answer. The court will resolve in both cases in an unfeasible manner.
270.6 If the prosecutor requests the dismissal, the article shall be subject to the provisions of Article 129 of this Code.
270.7 The prosecutor may modify in the indictment or before it, the intended purpose when requesting the training of the investigation regarding the criminal qualification.
270.8 Finally, the court will rule, the grounds of which may be formulated within the following fifteen days. In cases where the complexity of the case justifies it, the hearing may be extended for a period of no more than thirty days in order to give the judgment with its grounds.
270.9 All acts shall be documented in accordance with the provisions of Article 139 of this Code.
ArtAculoA 271.A (Resolutions given in audience).-
271.1 The resolutions handed down in the course of the hearings admit to the use of reposition, which should be proposed and substantiated in the hearing itself and decided immediately by the court.
271.2 The interlocutory judgment given in accordance with the article 269.6 of this Code, supports the appeal without suspensory effect. If the file of the actions is available, the resolution will be appealable with suspensory effect.
271.3 All resolutions on production, denial and prosecution of the test will be appealed with deferred effect.
ArtAculoA 272.A (Source).-If the PAºblico Ministry understood sufficient evidence gathered to found the accusation, when requesting the investigation or preliminary hearing You can ask that the process be processed by the extraordinary vAas.
If the defense does not object, the judge should have access to the prosecutor's request. Otherwise the judge will resolve in accordance with the literalA (b) of the article 269.6 of this Code.
ArtAculoA 273.A (Procedure).-The extraordinary process will be governed by what is set in the ordinary process, with the following modifications:
273.1 If all of the defendants have accepted the process by the extraordinary process, there will be no competition decline in the case provided for in Article 269.7 of this Code.
273.2 The charge and the defence shall be made orally in the hearing, after the prosecution of the evidence; the court shall not grant the parties any such effect.
273.3 The court will rule with its foundations in the same hearing, but in complex cases it may extend the hearing for up to ten days, to the effect indicated.
ArtAculoA 274.A (Procedure).-The procedure for the failure of the procedure laid down in Book II, Titles I and II of this Code shall be applicable.
ArtAculoA 275.A (Entitlement to the criminal action).-The ownership of the criminal act in the field of misconduct is the responsibility of the Assistant Counsel and the Departmental Lawyers.
ArtAculoA 276.A (Provenance).-It is for the purpose of dealing with incidental issues of the principal, dependent on their formulation and ordered in their decision to the same, as long as it does not proceed. in their respect to another means of processing.
ArtAculoA 277.A (Principle of incidental processing).-All incidents that arise in the process, if they do not have in law a procedure of their own shall be dealt with in the form provided for in the provisions of this Title.
ArtAculoA 278.A (Incident in hearing).-Incidents relating to issues raised in the hearing will be verbally and oAda the opposing party, will be immediately decided by the court without another resource than that of repositioning, without prejudice to assert the circumstance as a causal of challenge by deducting appeal from appeal against the final judgment.
ArtAculoA 279.A (Out-of-audience incident).-
279.1 The incidental demand will be raised in writing by giving a transfer for six days.
279.2 Both with the demand and with the answer, if it is a question that requires proof, the parties shall accompany it in accordance with the provisions of Title VI of Book I of this Code.
The court will order the prosecution of the test and concentrate it on a single hearing, at the end of which the parties will be heard about the outcome of the test.
279.3 Contacted the transfer, if it were a matter of pure right or if the parties did not offer proof or have been taken care of, the court will be pronounced in a single sentence.
ArtAculoA 280.A (Resource).-
280.1 The resolution that does not support the incident will be susceptible to the resources of repositioning and appeal without suspensory effect.
280.2 The interlocutory statement that decides the incident will be susceptible to the appeal without suspensory effect.
ArtAculoA 281.A (Form of substantiation of the off-hearing incident).-The incident that is raised outside of the hearing, will be processed in a separate part of the principal without suspending the course of the process until the sentence for judgment, unless the judge declares a request on the part, which obsta the development of that. Against this resolution only the repository resource comes.
ArtAculoA 282.A (Remiasiation).-The recusal incident will be governed by the provisions of the items A 325 to 328 of the General Code of the Process.
ArtAculoA 283.A (Remii.).-The competition contention incident will be governed by the rule of the General Code of the Process.
ArtAculoA 284.A (Procedural Opportunity).-The provisional freedom request may be formulated in any state of the cause, until there is no longer-term execution sentence.
ArtAculoA 285.A (TrA mite of the request).-
285.1 The request for interim release may be made in or out of the audience.
285.2 Written in writing out of the audience, it will be given to the Ministry of Public Health that you have to decide within three days from the time of receipt of the order. If the complexity of the case justifies it, the prosecutor may request the extension of that period up to ten days. The judge will have the same time to resolve.
285.3 Proposal for a hearing, the prosecutor will speak in that act and the judge will have to resolve it. If the complexity of the case justifies it, the prosecutor may request a request to be issued for up to ten days and the same time limit shall be available to the judge to decide.
285.4 The interlocutory statement to be placed shall be notified in accordance with the provisions of Article 116 of this Code.
ArtAculoA 286.A (General Principle).-No security penalty or measure can be executed but in the execution of the final execution statement.
ArtAculoA 287.A (Object).-The executing procedural activity comprises acts intended to promote compliance with criminal convictions and the limit and decision of the over-coming questions. relating to penalties and security measures.
ArtAculoA 288.A (Competition of the First Instance of Execution and Surveillance Judge).-At the place of execution you will know the Judge Letrado of First Instance of Execution and Surveillance. In addition to the tasks assigned to you by this Code and other laws, it is especially for the Judge Letrado of First Instance of Execution and Surveillance:
| a) | ensuring respect for human rights throughout the entire world of their competence. For surveillance purposes and comptroller, you may be able to appear before a convicted, charged, and officials of the prison system; |
| b) | safeguarding the rights of inmates serving time, security measures, or preventive steps, giving account in this Last case to the competent court, abuse and deviations that in compliance with the precepts of the prison regime, can be produced; |
| c) | monitor the regularity of disciplinary penalties imposed on penalties, exceeding thirty days. These penalties shall be communicated to the Judge of the First Instance of Execution and Surveillance within the period of five days from the beginning of their effective enforcement. Received the communication, the judge will give a view to the defense of the penalty. Evacuated the view or due the deadline to do so, it will resolve in only one instance; |
| d) | resolving, with the report of the director of the penitentiary establishment and the relevant technical bodies, the classification and the progressions or regressions of the respective stages; |
| e) | receiving, processing, and resolving requests or complaints that are made by the inmates, their family members, or their advocates regarding the penitentiary treatment, and may be able to obtain relevant reports for these purposes; |
| f) | resolving requests for transient, labor, or home departure for penalties, according to the requirements established by the current regulations; |
| g) | controlling the regularity of the transfers of the penalties performed by the administrative authority. Such transfers shall be communicated within the period of five days of their effect. Received the communication the judge will finally resolve; |
| h) | authorize hospital hospitalizations. In cases of urgency, after the intervention, you will be given an immediate account for your approval; |
| i) | authorize the departure of the penalty for the penalty, under the same conditions of processing provided for the imputed, in the artAculoA 248 of this CAOdig; |
| j) | making visits or inspections to prison facilities whenever deemed necessary and at least once every Thirty days. If, on the occasion of such visits or inspections, I shall verify the existence of irregularities which seriously affect those who have been punished for reasons beyond their competence, the latter shall, as soon as possible, be informed by the competent judge; |
| k) | knowing and resolving in the first instance about granting and revoking the benefits of conditional liberties and anticipated; |
| l) | knowing and resolving the revocation of the conditional suspension of the penalty; |
| m) | know and resolve in the process of unifying penalties. |
ArtAculoA 289.A (Competition for Place Reason).-
289.1 In the department of Montevideo, the criminal enforcement process will be a matter of one or more of the judges of the First Instance of Execution and Surveillance, as determined by the Supreme Court of Justice.
289.2 In the departments of the interior, they shall act as judges of execution of the judgment, those of the First Instance who have issued it when the penalties or security measures must be fulfilled within the circumscription of their jurisdiction.
289.3 When security penalties or measures are to be met outside the jurisdiction of the territorial jurisdiction of the court of first instance, the authority of execution and supervision shall be exercised by the judge of equal hierarchy of the place where they are to be met and that it is in turn to the date on which the judgment will be executed.
Except for the processes that would have been dealt with in Montevideo in which case the function of execution and surveillance of the sentenced persons would correspond to the Judges of the First Instance of Execution and Surveillance of Montevideo.
289.4 The Supreme Court of Justice can delimit regions, independent of the departmental lAmites, to assign territorial jurisdiction in the area of execution and surveillance in order to attend to the location of the rerecruiting and rehabilitation in relation to the seat of the court of first instance that substantially caused the cause.
289.5 When the functions of the sentencing judge and the judge of execution do not coincide, once the sentence of conviction has been executed, the sentence is settled or the probation is resolved if it corresponds, the file will be sent with the above incisosA.
289.6 If the judgment has been executed only for one of the defendants, it must be immediately fulfilled in its respect, for which purpose it shall be formed with testimony of that, with a record of the date on which it was executed and with the actions related to the identification and history of the penalty.
ArtAculoA 290.A (Liquidation of the penalty).-Once the cars are received, the payment of the penalty will be made, determining the amount and the due date within the period of five days. The settlement shall be notified to the prosecutor and the human rights defender and, if no opposition is deducted within the period of five days, shall be approved. In the event of an opposition, the same shall be dealt with by the incidental vAus.
ArtAculoA 291.A (Applicable Criteria).-For the purposes of the settlement of the settlement, the time of detention or limitation of the freedom suffered by the convicted person, in the country or in the foreign.
Debating a day of imprisonment or limitation of freedom, in the following hypothetheses:
| a) | for each dAa or failure of effective detention in the country or abroad, including house arrest or hospital admission; |
| b) | for every two days or failure of effective compliance, in the cases provided for in the literalsA (j), (k) and (l) of Article 221 of the this CACOdig; |
| c) | for every ten dAs or cash fraction submission to each of the measures indicated in literals A) to h) of the artAculoA 221 of this CAOdig; |
| d) | for every two work or study days completed during the recruitment, for as long as it is properly documented. |
The detention facilities shall inform the court on a quarterly basis of the work or study completed by each inmate.
ArtAculoA 292.A (Communication).-
292.1 When the penalty is to be served in detention in whole or in part, the court will communicate that circumstance to the prison authority, indicating the date of its completion.
292.2 If the sentenced person is released and his detention is concerned, the court shall immediately order his detention. Once the penalty is apprehended and cleared, it will be communicated.
ArtAculoA 293.A (Revisiton).-The penalty of the penalty is always reformable, even of trade, when the existence of an error is verified.
ArtAculoA 294.A (Compliance).-The custodial sentences shall be fulfilled in the manner that they establish the special laws, having the court the powers and duties to be established and the that the artAculoA 288 of this CAUSE shall be.
ArtAculoA 295.A (Quotes).-
295.1 Conditional freedom is a benefit granted to those who are at liberty to be released upon execution of the sentence of conviction, when taking into account their conduct, personality, form and conditions of life, a Favorable to social reinsertion. In such a case, the penalty will be served in the form and conditions provided for by law.
295.2 The penalty may be requested for parole within a period of ten days after the execution of the sentence of conviction, suspending its return to the prison until it is resolved if it is granted the sentence. benefit, which shall be processed in accordance with the provisions of the following Articles.
295.3 The conditional release is subject to the supervision of the authority, in the terms laid down in the Criminal Code, for the penalty that will result from the respective settlement.
artAculoA 296.A (TrA Limit).-
296.1 Approved the settlement, the competent judge shall request the Forensic Institute within three days of the court record of the penalty, updated to no more than sixty days of its issuance.
296.2 If such a planilla does not register that it has been convicted of a new crime, and will prove to be in a position of life that allows to formulate a favorable forecast of social reinsertion, the judge, after having seen the Ministry of Public Health, may be able to grant conditional release. The balance of penalty to be complied with, counting the surveillance time referred to by the article 102 of the Criminal Code, will be settled, starting from the moment when the penalty was released. If compliance with the supervision has been completed, the judge shall declare the penalty to be extinguished, making the relevant communications.
296.3 In the event of a death penalty, the sentenced person shall be subject to the supervision of the authority and the judge shall request a new background plan from the Forensic Institute. If he has not been convicted of the new crime, upon hearing the Ministry of Public Health, the penalty shall be declared to be extinguished.
296.4 Cannot be granted the benefit of probation, if the respective antecedent is added, it turns out that the penalty was condemned by the commission of new crime during the period in which he was on provisional release.
ArtAculoA 297.A (Impaction).-The statement that resolves the conditional release order can be challenged by the reposition and appeal resources.
Only the appeal against the sentence that denies parole will have a suspensory effect.
ArtAculoA 298.A (Quotes).-
298.1 Early freedom is a benefit that can be granted to the criminal who is deprived of liberty when the sentence of conviction is enforced, when taking into account their conduct, personality, form and conditions of life, can formulate a favorable forecast of social reinsertion. In such a case, the penalty will be fulfilled in the form and conditions provided for by this Code.
298.2 The released is subject to the supervision of the authority in the terms of the provisions of the Criminal Code, for the balance of penalty resulting from the respective settlement.
298.3 This benefit may be granted on request and according to the following conditions:
| a) | if the penalty relapsed was in prison, or fine, which by default was transformed into a prison, could be requested Whatever the time of confinement suffered; |
| b) | if the conviction was in prison, when the penalty has been half the penalty imposed; |
| c) | if additive eliminative security measures were set to a penitentiary penalty, the benefit may be granted when the penalty has been met by two thirds of the penalty, with the cessation of those measures being made available. |
artAculoA 299.A (TrA Limit).-
299.1 The request will be made in written form by the penalty or your advocate before the competent judge, who will have the following collections added:
| a) | the updated background schedule of the Forensic Institute Forensic and reliquidation of the penalty for redaction by work or study, if appropriate; |
| b) | the prison conduct report provided by the director or establishment responsible, who should forward it to the (a) judicial seat within the period of five days from which the application has been received, together with the technical reports which are available for the qualification of the penalty. |
299.2 The judge will decide upon hearing from the Ministry of Justice, by way of resolution.
299.3 Granted early release, the settlement of the penalty balance shall be effected under the supervision of the authority. In his term, the judge will request a new background plan from the Forensic Institute. If the penalty has not been condemned for the commission of the new offence, the penalty shall be declared to be extinguished after the Ministry of Public Affairs has issued the relevant communications.
ArtAculoA 300.A (Imputeation).-
300.1 The judgment granting early freedom may be challenged by the resources of reposition and appeal on the basis of suspensory effect, to the Court of Appeal as appropriate.
300.2 In case of refusal, the benefit cannot be requested again until the respective resolution has elapsed six months.
ArtAculoA 301.A (Early release in case of pending penalties).-
301.1 In cases where a person has pending the sentencing of a sentence of unification of penalties and will be held in compliance with a sentence of execution, he may be able to impose the benefit of the early release, regardless of the status of other causes.
301.2 The judge will proceed in accordance with the provisions of the preceding articles, and must request reports on the causes of the case, for the purpose of estimating, the possible penalty of unification to relapse. Such an estimate will not imply prejudgment.
301.3 In case of the granting of the advance freedom, she will understand all the outstanding causes of unification and will proceed to carry out a provisional liquidation of the term of surveillance, taking into account the estimation of the penalty unified.
301.4 The judgment granting the benefit will be communicated to the judges of the other causes for its effects.
ArtAculoA 302.A (Budgets).-By issuing a sentence of conviction, the Judge Letrado of First Instance in the Criminal Court may grant the benefit of the conditional suspension of the execution of the the penalty, provided that the following requirements are met:
| a) | that is an absolute or legal primary; |
| b) | that the penalty imposed is either a prison or a prison sentence up to three years. |
ArtAculoA 303.A (Effects).-
303.1 The convicted person who obtains the benefit of the conditional suspension of the execution of the sentence shall remain under the supervision of the authority for the period of two years. That period shall be counted from the date on which the sentence of conviction was executed.
303.2 Meet the deadline, the judge will request the aggregation of the updated background schedule.
303.3 If it results from it that the penalty has not been convicted for a new offence during the surveillance period and after hearing the Ministry of Public Health, the crime will be extinguished and the sentence will not be pronounced. cancellation of the enrollment in the respective record.
ArtAculoA 304.A (Exceptional deferral of compliance with the custodial sentence).-
304.1 If you measure the exceptional circumstances provided for in Article 228 of this Code, you may defer the entry or refund of the penalty to the prison. It will be competent to dictate the judge of the cause.
304.2 If the exceptional circumstances referred to in Article 228 of this Code are produced during the execution process, you will know the Judge of First Instance of Execution and Surveillance. The petition shall be filed with the Judge of the First Instance of Execution and Surveillance, either by the defender or by the penalty himself and shall be dealt with by incidental.
ArtAculoA 305.A (Convicted disease).-
305.1 If, during the execution of the custodial sentence, the sentenced person suffered any medical or physical illness, the address of the establishment should inform the Judge Letrado of First Instance of Execution and Surveillance, who Prior to the necessary expertise, you may be able to arrange your intervention in an appropriate setting.
305.2 In case of urgency, the administration is empowered to arrange for the transfer of the sick inmate by immediately giving the account to the judge, with the justification for the measure taken.
305.3 The time of deprivation of freedom suffered in hospital admission will be counted as effective compliance with the penalty.
ArtAculoA 306.A (Surveillance).-
306.1 Penalty released conditional or in advance or with conditional suspension, subject to the supervision of the National Patronate of Incarcerated and Liberated under the conditions provided for in the article 102 of the Code Criminal.
306.2 The Judge of First Instance of Execution and Surveillance will supervise the concrete form of the surveillance and may have other modalities or take them directly if it is the case, or ask for collaboration with other institutions public or private.
306.3 Surveillance shall be exercised in such a way as not to prejudice the surveillance and to enable it to normally take care of its usual activities.
306.4 If the sentenced person considers that the surveillance is not being carried out in due form, he may be verbally to the Judge Letrado of First Instance of Execution and Surveillance, who will have the necessary measures.
ArtAculoA 307.A (Revocation of probation or early release).-If before the Antegro fulfillment of the penalty on probation or advance, the penalty commits a new offense for which it is The Judge of First Instance of Execution and Surveillance may revoke the benefit and dispose of his refund to the jail, following the same procedure as for his concession. In the event of a revocation, the time the convicted person has been released will not be counted as a penalty.
ArtAculoA 308.A (Revocation of the conditional suspension of the execution of the penalty).-
308.1 When the penalty had committed a new offense before the first sentence was executed, the suspension that it has decreed will not have effect.
308.2 If during the term of the surveillance the penalty has been condemned for new crime or fails to comply with the obligations imposed, the benefit of the conditional suspension of the execution of the sentence will be revoked, continuing with what status of such cause corresponds.
ArtAculoA 309.A (Absolute disabled).-The absolute disablement for charges, public jobs, and political rights, will determine which Judge Letrado of First Instance of Execution and Surveillance It is necessary to inform the Electoral Court and the appropriate bodies, according to the case.
ArtAculoA 310.A (Special inenablement).-In cases of special disabling penalties, the First Instance of the Execution and Surveillance Judge will only have the communications corresponding to that special effect.
ArtAculoA 311.A (Penas of suspension).-If the penalty is suspended, the judge will order the statement of the judgment to the body in which the sentenced person will serve.
ArtAculoA 312.A (Cese advance penalty).-
312.1 If exceptional circumstances are to be considered, the person may be granted an early termination of his or her ancillary penalty.
312.2 The question shall be dealt with in the manner set out in Article 299 of this Code and the Judge of First Instance of Execution and Surveillance may grant the benefit if half of the sentence has elapsed and shall be considered. accredited the exceptional circumstances invoked and the rehabilitation of the sentenced person.
ArtAculoA 313.A (Fine penalty).-
313.1 If the payment of a fine is condemned, it must be paid within the period of fifteen days from the date on which the judgment was executed.
313.2 If the payment is not made within the time limit, the sentenced person will be automatically intimated to verify it within three days, under the warning of the replacement of the penalty. Such warning shall be effective without the need for another limit and without prejudice to the granting of probation, if appropriate.
313.3 If it is established that the sentenced person is notoriously poor, the penalty shall be directly replaced by the imposition of a surveillance authority of the authority, as provided for in Article 102 of the Criminal Code.
ArtAculoA 314.A (accessory Penas).-The judge shall order the entries, entries and other measures corresponding in the cases of penalties to be granted to the prison or penitentiary provided for in the Criminal Code.
ArtAculoA 315.A (Penalty of confiscation).-The penalty of confiscation of the instruments with which the offence has been committed and the effects of the offence, shall be executed on its own initiative by the Judge Letrado de Primera Instance of Execution and Surveillance who will have the destination that corresponds to the nature of those.
ArtAculoA 316.A (General Rule).-In the cases where the law establishes alternative penalties, the Judge of the First Instance of Execution and Surveillance shall be responsible for supervising compliance with the law. The provisions of the Articles 287 and following of this Code, as applicable.
ArtAculoA 317.A (General Rule).-When a cause of death is configured, the Judge Letrado of First Instance of Execution and Surveillance with the Ministry of the Public and the Defense Immediately make the corresponding declaration, ordering the closure of the procedures, the relevant communications and the file of the file, taking into account the freedom of the sentenced person.
ArtAculoA 318.A (Prescription of the penalty).-
318.1 Verified the prescription of the penalty according to the rules of the Criminal Code, declared by the Judge Letrado of the First Instance of Execution and Surveillance with the Ministry of the Public and the Defense and the closing. of the pending proceedings and the file of the case, for the final release of the freedom.
318.2 The prescription of the penalty shall be declared ex officio, even if it is not alleged. If it is, it shall be treated as an incident.
ArtAculoA 319.A (Enumeral).-The security measures to be regulated in this CACODE are:
| a) | deletions; |
| b) | healing; |
| c) | preventive. |
ArtAculoA 320.A (General Rule).-The Court of First Instance of First Instance and Surveillance will communicate to the administrative authority in charge of the implementation of the security measures, the deadlines of the validity of these and the duty to report on the status of the persons subject to them or on other circumstances of the case.
ArtAculoA 321.A (Compliance).-
321.1 The statement that imposes a eliminative security measure should determine the minimum and the maximum of its duration.
321.2 The measure will start to be executed in the appropriate establishments, after the penalty imposed in the sentence is served.
321.3 The Judge Letrado of First Instance of Execution and Surveillance shall have on the persons subject to the elimination of the same duties of surveillance established in this Code for the fulfillment of the custodial sentences of freedom.
ArtAculoA 322.A (Cese).-Due to the minimum time limit of its duration, the judge responsible for the execution and surveillance will request reports to the establishment where the measure is fulfilled, and may decree the cessation of the when such reports make provision for the readaptation of the penalty.
ArtAculoA 323.A (Compliance).-
323.1 The curative safety measures shall be carried out in a special establishment or assistance centre for the mentally ill or under the care of a person or institution outside the centre and subject to certain conditions.
323.2 The experts of the Forensic Institute will advise the Judge Letrado of First Instance of Execution and Surveillance on the implementation of the curative security measures and their modifications.
323.3 The relevant hospital should inform the judge at least every three months of the development of the boarding school.
ArtAculoA 324.A (Cese).-
324.1 The cessation of the curative security measures will be provided by the Judge Letrado of First Instance of Execution and Surveillance when the causes that served as foundation have disappeared, after the expert's expert opinion Forensic Technical and report of the address of the care center.
324.2 The eesc shall be made available on its own initiative or at the request of the human rights defender, the person's curator or the person's curator, following the process of the incidents.
In all cases, you will have to hear before the Ministry of Public Health.
ArtAculoA 325.A (Authority Surveillance).-It shall apply to the article 295.3 of this CAUSE to the judgment that holds a person to the authority of the authority in the cases provided for in Articles 92, 94 and 100 of the Criminal Code as appropriate.
ArtAculoA 326.A (Cause not to offend).-If the sentence imposes the caution of not offending, it will be set out in the article 101 of the Criminal Code.
ArtAculoA 327.A (Concept).-The executed statements relapse into the related processes will produce all of its effects, without prejudice to the unification of penalties for reiteration according to the established by the article 54 of the Criminal Code or eventual application of security measures.
artAculoA 328.A (TrA Limit).-
328.1 The First Instance of Execution and Surveillance Judge will formalize the incident of unifying penalties in the old cause. For these purposes, account shall be taken of the date of the respective preliminary hearing. The sentenced person to be designated as a defender in this process shall be intimated, under the warning of being appointed to the public defender who is responsible for the turn.
328.2 For the purposes of the limit, the original files or testimonials shall be sent as appropriate.
328.3 Received the same and integrated the same, it will be conferred to the Ministry of the Public to deduce the requisition of unification of penalty within the term of six days. In the same period, the defender for the answer will have to present to all its effects the provisions of the article 126 of this CAUSE.
ArtAculoA 329.A (Applicable Rules).-
329.1 The extradition process shall be governed by the rules of international treaties or conventions ratified by the Republic that are in force.
329.2 In relation to the crimes and offenses typified by the Law No 18,026, of 25 September 2006 and the Rome Statute of the International Criminal Court, the process of extradition and the surrender of suspects shall be governed, in addition, by the provisions of those rules.
329.3 In the absence or insufficiency of the above instruments, the following provisions shall apply.
ArtAculoA 330.A (Extractor provenance).-
330.1 When required to do so, the competent courts of the Republic shall give to any person who is in the national territory to undergo a process, to conclude a process already initiated or to comply with the custodial sentence. of the freedom to which it has been convicted in the requesting State, in accordance with the provisions of this Title.
330.2 In order for extradition to proceed, the requesting State must have jurisdiction to know in the crime in which it has applied, whether or not it has been committed in that State.
ArtAculoA 331.A (Improvenance of the extradition).-The extradition does not proceed when:
| a) | the required penalty has been served for the offense that motivates the order, or when in any case extinguished the state's punitive claim prior to the request; |
| b) | s are prescribed the crime, the exercise of the criminal act or the penalty imposed, according to the national or state legislation requesting; |
| c) | the claimed has been tried or convicted or is to be tried in an exceptional or ad hoc court in the requesting State; |
| d) | dealing with political crimes or common crimes connected with political crimes, or common crimes whose repression is due to Political reasons. Genocide, crimes against humanity, war crimes and acts of terrorism shall not be considered as political crimes; |
| e) | of the circumstances of the case may be inferred that the average propo-site for discriminatory considerations of race, religion, nationality, or that the person's situation may be aggravated by any other reason. |
| f) | the conduct that motivates the extradition request is not intended as a crime in both legislations. For this verification, you will not be able to call on the names of the ilAcytes, but on the likeness of the respective descriptions tApicas; |
| g) | the penalty imposed is less than two years of imprisonment or when the penalty to be enforced is less than two years six months; |
| h) | the conviction would have been issued in absentia and the requesting State would not provide assurances that the case would be reopened to the condemned, to allow him to exercise the right of defence and to dictate, accordingly, a new wording; |
| i) | the claimed person would have been inimputable by age at the time of the commission of the fact or the facts by which is claimed. |
ArtAculoA 332.A (Death penalty and life imprisonment).-In no case will the surrender be authorized when the penalty to be applied by the requesting State, be the death penalty or the perpetual imprisonment.
ArtAculoA 333.A (Nationality).-The nationality of the person claimed, will not impede the substantiation of the extradition request and, if applicable, the delivery.
ArtAculoA 334.A (Form of the request).-The request for extradition shall be made to the Foreign Ministry by the representative of the requesting State, or directly from Government to Government, and should be accompanied by the documentation required by this Code.
ArtAculoA 335.A (Rejection exceptional by the Executive Branch).-The Executive Branch may reject extradition requests, in extraordinary cases where it mediates reasonable grounds to estimate that of its " fulfillment or its mere diligence, could result seriously damaging consequences for the order and the internal tranquility of the Republic, or for the normal development of its international relations. They may also reject requests made by States whose legislation and/or practice in this field do not reasonably be similar to those of the Uruguayan State.
ArtAculoA 336.A (Required documentation).-The extradition request should be accompanied by the following documents, duly translated:
| a) | if this is an imputed, autologous copy of the car from subject to process, or from the car that holds the freedom of liberty, A copy of the procedural pieces in which the resolution is based. In the case of a convicted person, he/she shall be accompanied by an authentic copy of the sentence of conviction; |
| b) | a relationship of the facts attributed to the claimed person, with time and place indication, their rating jurAdic and the corresponding test elements; |
| c) | transcription of the applicable legal provisions referred to the jurisdiction of the court, to the description tApica, the alteratory circumstances, the prescription of the crime and the penalty, class and amount of the sentence, system of application of the same, and procedural rules authorizing the arrest; |
| d) | any information that permits the identification of the claimed, even photo, dactylospicnica tab and its likely domicile or whereabouts on the national territory. |
ArtAculoA 337.A (Request for more than one State).-
337.1 When the extradition of a person is requested by different States for the same offence, the competent court shall give preference to the request of the State which has prevented the person's knowledge.
337.2 If these are different facts, give preference to the order for the most serious crime, and if it will be considered equally serious, the preference will be determined by the priority in the order.
ArtAculoA 338.A (General Rule).-
338.1 In urgent situations, the preventive arrest of the requested person vAan Interpol may be requested, the requesting State must indicate, the intention to present a formal request for extradition and the existence of a court order of arrest or a conviction.
338.2 The competent judge shall order that the person claimed shall remain deprived of liberty or shall have an alternative measure to his arrest. You may also have the seizure of the effects or instruments of the crime that the claim has in its possession.
338.3 Effectiveness of the claim, the same shall be communicated to the Ministry of Foreign Affairs, which in turn will put it immediately in the knowledge of the requesting State.
338.4 The intervening legal judge should convene a hearing within twenty-four hours after the arrest. In the same, the person arrested will be intimated to the appointment of defender under the warning of the name of the public defender who is responsible for the turn. Immediately, you will be taken for the purpose of verifying your identity and you will be informed of the reasons invoked by the requesting State to request your delivery and the extradition procedure.
ArtAculoA 339.A (Cese of the arrest and maximum time of the required person's detail).-
339.1 If within the thirty days following the date of the hearing, the requesting State does not formalize the request for extradition, the court will have the end of the arrest, without prejudice to the precautionary measures that it may take in respect of the person required and their property.
339.2 As of the expiration of that period, if the order for extradition is not filed within the fifteen subsequent days, the judge will have the final freedom of the requested, the cessation of the precautionary measures arranged and the file of the dossier. All this shall be available in the hearing and with the intervention of the parties, in accordance with the provisions laid down in the following Chapter.
339.3 The person required cannot be deprived of liberty for a term of more than 120 days, without prejudice to other precautionary measures.
ArtAculoA 340.A (Court Competition).-
340.1 Received the request for extradition, the Executive Branch with intervention of the Central Authority, will be sent to the Supreme Court of Justice for this to be sent to the Court of Justice in the Criminal of the Capital that for turn corresponds.
340.2 The date of the foreign judicial resolution ordering the extradition request determines the turn of the Uruguayan courts.
ArtAculoA 341.A (Requesting State representation).-
341.1 In the extradition request or until the hearing of the debate, the requesting State must appoint a lawyer to the registered lawyers in the national registration. Prior to the exercise of his office, the latter should accept and constitute his domicile within the radius of the court.
341.2 The appointed lawyer shall act in the process of extradition as a formal party, in the case of the requesting State and with all the rights and privileges of such quality, for the exercise of appropriate representation and control of the acts procedural.
ArtAculoA 342.A (Intervencionación del Ministerio PAºblico).-In the process of extradition, the Public Ministry will act as a technical opinion, exercising the formal and substantial comptroller of the acts without prejudice to the right to request the postponement of the delivery, in accordance with the provisions of this Code.
ArtAculoA 343.A (Receipt of the extradition order).-Received the request, if the claim is not deprived of his or her freedom or subject to limiting measures of physical freedom, the judge will order his Subject to the legal formalities and the seizure of the effects of the offence, and must be carried out in accordance with the provisions of Article 338.4 of this Code.
ArtAculoA 344.A (Procedure. Debate hearing).-
344.1 The court will convene a debate hearing within forty-eight hours since the claim was placed on your disposal.
344.2 The debate hearing should be attended by the requested person, the lawyer of the requesting State and the Ministry of Public Health.
344.3 The court will inform the requested person about the content of the application and will put to the defender all the documentation that has accompanied the formal request for extradition, being able to have the hearing for up to twenty-four hours so that the advocate and the requested person can examine the grounds of the application.
344.4 Following or retaken the hearing, the court will ask the requested person to express their consent to the order of delivery or to express their opposition.
344.5 If the person required to express his/her consent to be given to the requesting State, what he/she can do in any state of the process, the court will resolve it without a further limit.
344.6 The opposition to the extradition request may be based on the following exceptions, the defender being able to offer proof:
| a) | not being the person claimed; |
| b) | procedural defects or defects in the form of the extradition request or the accompanying document; |
| c) | order from the order. |
344.7 The court will immediately transfer the opposition to the lawyer of the requesting State who will evacuate it in the hearing and will be able to offer proof. Then, you will listen to the Ministry of the Public and resolve it in the same hearing according to the law more favorable to the required one.
If formal defects are to be observed, which will be indicated in need, they will be made available within a time limit which will not exceed the thirty days counted from the date of the hearing, which will be extended to the effect.
344.8 If the defects indicated within the prescribed period are not remedied, the court will have the file of the order of extradition and the definitive freedom of the required one.
344.9 If the order meets the necessary formal requirements or the deficiencies are remedied, the judge will have the preventive action of the person claimed and the prosecution of the test that would have been offered, being able to reject the Consider inappropriate and inappropriate. The judge may extend the hearing for a period of not more than ten days for the purposes of completion of the pending trial, applying as appropriate to the article 273 of this Code.
344.10 Prior to the ruling opinion will be heard from the parties and the Ministry of the Public.
ArtAculoA 345.A (Imputeation).-
345.1 The final judgment that admits or denies the extradition will be appealed with suspensory effect to the Court of Appeals in the Criminal Court that corresponds to the Court of Appeal.
345.2 The resolution of the court that homologous the consent of the claim to the extradition does not support appeal.
ArtAculoA 346.A (Communication to the Executive Branch).-The final executed sentence that declares the extradition, will be immediately communicated to the Executive Branch, so that it will provide the necessary for the delivery of the claim to the requesting State.
If within thirty days, counted from the date of the notification, the requesting State does not proceed to withdraw the claimed person, it shall be definitively released, and may be refused by the national courts. later the extradition for the same facts.
ArtAculoA 347.A (Delivery Postergation).-
347.1 If the required person was subject to criminal proceedings in the Republic, his or her surrender could only be deferred until the end of the sentence or the termination of the sentence when the law reprints the crime attributed in that cause with a minimum of penitentiary, or when it considers prima facie that the penalty to be imposed on it will ultimately have such a nature.
347.2 In the other cases, the suspension of the national process is delayed, and the immediate delivery of the extradition must be carried out.
ArtAculoA 348.A (Cosa judged).-Denied the extradition of a person, the same cannot be requested again for the same offense, unless the refusal was founded on the insufficiency or lack of documentation.
ArtAculoA 349.A (Specialty Principle).-The extradited person may not be judged, convicted, or serve penalty in the requesting State, on the other hand or other crimes committed prior to the request. of extra and not included in this.
ArtAculoA 350.A (Discount of the time of deprivation of liberty).-The time that the claimed person has been held in the Republic, should be taken into account in the final judgment of the Requesting State.
ArtAculoA 351.A (Concept).-The habeas corpus is an action of the amparo of personal outpatient liberty against any arbitrary act of any administrative authority that deprives, restricts, limits or amenace, as for the protection of the private person of liberty against torture and other cruel treatments or conditions of imprisonment violative of the dignity of the human person.
ArtAculoA 352.A (GarantAas suspend cases).-When the situations provided for in the previous article have occurred due to the adoption of security measures, according to set in numeral 17 of , shall also proceed with the act of habeas corpus. In this case, she will be restricted to the verification of strict compliance with the formal constitutional requirements, consent or communication to the General Assembly or Permanent Commission in her case, control of the treatment, place and conditions of the detention or transfer and the effectiveness of the option to leave the paAs, where applicable.
ArtAculoA 353.A (Legitimation).-
353.1 This action can be deduced by the interested party himself, by the Ministry of the Public, by any person and still be promoted ex officio.
353.2 The authority to be responsible has legitimacy to act in these proceedings, without prejudice to its duty to immediately account its superiors and their legal sponsorship rights.
ArtAculoA 354.A (Competition).-
354.1 This action shall be brought to the attention of the court of law with jurisdiction in criminal matters on the ground of the place of the facts and if that is not easily determinable, any judge with jurisdiction in criminal matters.
354.2 In this process, the exception and the decline of jurisdiction are closed and the court of action will only give in to it that you know in procedures concerning the subject involved that you are competent according to the general rules.
354.3 The judge's action in this process does not produce any preceedation.
354.4 In the case of a complaint of torture or ill-treatment of persons deprived of liberty who are at the disposal of a judge, this shall be the sole competent.
354.5 If the subject involved is less than eighteen years old, you will know Adolescent Justice.
artAculoA 355.A (Demand).-
355.1 The demand for habeas corpus may be formulated without the need for a written or oral written sponsorship, no minutes shall be made in this last case, and should as far as possible be individualized to the person in whose favour it is established, to establish a Summary of the relevant facts, indicate place of detention and responsible official if you know your identity and propose the means of proof that is available. It will also be necessary for the comparator to declare that he has no knowledge of current proceedings before another judge in habeas corpus or criminal proceedings, with the same subject.
355.2 The Supreme Court of Justice will determine the place of filing of the lawsuit in the days and hours.
ArtAculoA 356.A (TrA Limit).-
356.1 Receipt of the complaint, the court will order without delay that the authority apprehensions or to which other reported acts are attributed, report on the facts and explain and immediately justify the legal basis of its action, with reference of testimony of all the actions.
356.2 The cases, the court may be constituted to inspect the administrative dependencies referred to, order that the requested authority present before the detainee and interrogate directly to the person in whose personal amparo actas. They may also have any probative measures they deem necessary, which may be taken in the hearing of the Ministry of the Public, the requested authority and the promoter of the procedure.
356.3 All of the court's action will be fulfilled in the short, as possible, lapses, with the enabling of all the days and hours of all the necessary, until the sentence.
356.4 If the alternatives of the procedure so require, the court will provide a public defender with the person in whose favor it is made.
ArtAculoA 357.A (Statement).-The procedure shall be terminated by the judge who shall give judgment in the hearing if the case has, or within twenty-four hours of the completion of the reports and any probances.
ArtAculoA 358. -A All court decisions are impeachable, except express to the contrary.
ArtAculoA 359.A (Enunciation and reference).-
359.1 The means to challenge the court decisions are the resources of clarification, extension, repositioning, appeal, marriage, revisiting, complaint for refusal of appeal or of the exception or of the exception or defense of unconstitutionality.
359.2 Tambien constitutes an impugative means of the incident of nullity as established in this Code.
359.3 The provisions contained in Book I, Title VI, Chapter VII of the General Code of the Process on "Means of contesting judicial decisions", with the punctuations, modifications and amendments, will be applicable to the criminal proceedings. exclusions as set out in this Title.
ArtAculoA 360.A (Legitimation to impeach).-
360.1 They have legitimacy to challenge the court decisions, the prosecutor and the defendant.
360.2 The imputed can also interject the appeal and case against the final judgment, with legal assistance.
360.3 The vActima and third parties who appear in the process have only legitimacy to challenge the judicial decisions that directly affect them.
ArtAculoA 361.A (Effects of the appeal of the definitive statement).-The appeal of the definitive statement suspends its execution. However, in the event of an appeal for an absolute judgment, the provisional release of the accused is delayed.
ArtAculoA 362.A (Effects of the appeal of the interlocutory statements).-The interlocutory statement appeal facility is supported:
362.1 With suspensory effect, in which case the jurisdiction of the court to quo is suspended since the providence that grants the appeal is signed, and until the file is returned for the fulfillment of the resolved in the instance higher.
However, the lower court may still be aware of the incidents that are contained in a separate piece.
362.2 No suspensory effect, in which case and in the same providence granted by the resource, the actions to be integrated into the separate part that have to be submitted to the superior shall be shown. The higher court, once the piece has been received, will decide within forty-eight hours and in a preliminary manner whether or not to proceed to the suspension of the main proceedings.
When you resolve the suspension, you will immediately communicate it to the lower court.
362.3 With deferred effect in cases expressly established by this Code.
ArtAculoA 363.A (Provenance of the suspensive and non-suspensive appeal).-The appeal will have suspensory effect in the case of final statements or interlocutors that end the process and make impossible to continue.
In all cases, the appeal of interlocutors shall not have suspensory effect, unless a provision of this Code expressly provides otherwise.
ArtAculoA 364.A (lower court resolution).-
364.1 Interposed in time and form the appeal, the court will admit it if it comes and express the effect with which it admits it.
364.2 If the resource is not supported, the appellant may file the relevant complaint.
ArtAculoA 365.A (Exclusions).-The provisions of the General Code of the Process on interim measures, provisional execution of final judgments under appeal, or the criminal proceedings shall not apply to the criminal proceedings. Procedural convictions.
ArtAculoA 366.A (Remii.).-The provisions of the Articles 116, 257, 259 and 344 of the General Code of the Process shall apply to the criminal proceedings.
ArtAculoA 367.A (Test at second instance).-
367.1 The parties may offer new evidentiary elements in the respective letters of interest and answer to the appeal, without the limitations set forth in Article 253.2 of the General Code of the Process, which may be ordered by the high court to be diligent in the hearing.
367.2 If the proof is accepted, the court will have its reception at the hearing, which will be taken in accordance with the provisions of this Code.
367.3 The vActima will be able to appear with legal assistance in the hearings that will be held in the second instance.
ArtAculoA 368.A (provenance).-The case of the case is against the final judgments handed down in the second instance by the Courts of Appeals in the Criminal, be definitive or interlocutory, to end the criminal intent or make it impossible to continue the process.
ArtAculoA 369.A (Remiisation and particularities).-With respect to the case of case in criminal matters, the provisions of Book I, Title VI, Chapter VII, Section VI of the General Code of the Process, with the following clarifications and modifications.
369.1 The defendant may institute the appeal in writing and in writing, in which case the legal aid shall be indispensable.
369.2 The interface of the case has suspensory effect up to the final resolution, without prejudice to the rule of article 124 of this Code.
369.3 When statement on the fund will be issued, it will be governed by the items A 121 and 122 of this Code.
369.4 Treatment of cause whose first instance would have been fulfilled in the first instance before the Court of First Instance of the Interior with jurisdiction in criminal matters, will have the legitimacy to bring the resource of marriage the Prosecutor Departmental lawyer and the public defender in his case.
For such purposes, the second instance sentence should be served to the Departmental Counsel and the public defender.
ArtAculoA 370.A (provenance).-The resource of revisiting proceeds at all times and only in favor of the convicted, against final convictions passed in authority of res judicata, dictated by any court.
ArtAculoA 371.A (Causals).-The revisiting is exclusively on the following causes:
| a) | if the facts established as the basis of the conviction, are irreconcilable with those that substantiate another criminal sentence executed; |
| b) | if after the conviction, no evidence elements or circumstances exist that, alone or united to those already examined in the process, make it clear that the fact did not exist or that the convict did not commit it or that there were obstacles to criminal liability; |
| c) | if it is shown that the conviction was pronounced as a result of a falsehood or otherwise provided by criminal law such as crime. In such a case, the test will consist of the conviction for that falsehood or that crime, unless the criminal action is extinguished or cannot proceed, in which cases other evidence can be used; |
| d) | whether it is appropriate to retroactively apply a benign criminal law. |
ArtAculoA 372.A (Active Legitimation).-
372.1 You can interject the revisiting resource:
| a) | the person convicted by sA or by proxy with express faculties and in the event of inability of their legal representative; |
| b) | any of the successors to the universal title of the condemned person, or their suprstite; |
| c) | the PAºblico Ministry and the last defender in the cause. |
372.2 The death or mental incapacity of the sentenced person will not prevent the resource from being deducted socially.
ArtAculoA 373.A (Interposition of the resource).-The resource of review will be deducted before the Supreme Court of Justice in writing that should contain, under penalty of inadmissibility, the individualization of the previous cause, the concrete reference of the facts, the proposal of the respective evidence and the mention of the legal provisions in which it is founded.
ArtAculoA 374.A (TrA mite of the resource).-Once the resource is admitted, the Supreme Court of Justice will order the case to be raised and will be substantiated by the procedure of the incidents.
ArtAculoA 375.A (Faculty of suspension of execution).-The Supreme Court of Justice may at any time suspend the execution of the judgment under appeal if in primary assessment consider The resource is founded. In this last case, you can arrange the loan of garantAas.
ArtAculoA 376.A (Effects of the statement).-
376.1 If you consider the review to be founded, the Supreme Court will annul the contested judgment and pronounce directly the final judgment that corresponds to or will send a new process to the competent court, Referring the cause to the Ministry of Public Health.
376.2 In no case may it be more severe than the revised one.
ArtAculoA 377.A (New process).-If a new process is initiated, it will not be possible to modify the findings of the sentence in return to the detriment of the sentenced person and will be prevented by the magistrates who met in the previous one.
ArtAculoA 378.A (General Rules and Procedure).-The rules and procedures laid down in Articles 110 to 116 of the General Code of the Process are applicable to the criminal proceedings, with the variants resulting from the following items.
ArtAculoA 379.A (Unsubsable nullity Causals).-They are causal of unsubsainable nullity:
| a) | the violation at the beginning of the non bis in idem; |
| b) | lack of jurisdiction or lack of competence for matter or degree, with exception and forecasts set out in the article 38 of this CAOdig; |
| c) | the violation of the provisions governing the subject, intervention, assistance, and representation of the imputed; |
| d) | the violation of the provisions that set forth the necessary intervention of the Ministry. |
ArtAculoA 380.A (Insubsanable nullity declaration).-
380.1 Insubsable nullity must be declared ex officio, in any state and degree of the process or in the vAa de revisiân, with cytation of the parts by six days. In case of opposition, the incidental vAas shall be followed.
380.2 The parties may also promote such statement by incidental.
380.3 The resolution declaring the nullity will be appealable with suspensory effect.
ArtAculoA 381.A (Validity remaining of the test performances).-When judicial proceedings were taken without warning of the lack of any budget for the exercise of the criminal action, the A declaration of invalidity which is declared in this respect shall not be taken into account in the case of probative proceedings with the appropriate guarantees, which shall remain valid in the case of removal of the impediment.
ArtAculoA 382.A (Derogation).-
382.1 Right from the validity of this Code, the Code of the Criminal Process ( Decree-Law No 15,032, of 7 July 1980), its amendments and all the laws and regulations that they object to the present.
382.2 Notwithstanding the above, the above provisions will continue to apply to matters in the court of law up to the final judgment of the first instance, including.
ArtAculoA 383.A (Vigencia).-This CAUSE will be in effect on the 1st of February 2017.
A A A A A Sala de Sessions de la CA ¡ mara de RepRepresentatives, in Montevideo, a 10 December 2014.
Cúmplase, acorsese recibo, comunaquese, publáquese e insáltese en el Registro Nacional de Leitos y Decretos, la Ley por la que se apapla el Cándádido del Proceso Penal.
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 Montevideo, Uruguay. Legislative Power. |
